What is the I-140 in the context of EB-2 NIW?

In the EB-2 NIW, the I-140 (Immigrant Petition for Alien Worker) is the petition that opens the path to the green card. Through it, you ask the USCIS to recognize that you qualify under the second employment-based preference and that you are entitled to the national interest waiver, without relying on a sponsoring employer.

In practice, the I-140 is where your case is built and argued. It brings together the reasoning and evidence that your work has merit and national importance and that waiving the job offer and labor certification benefits the United States. Because it is a self-petition, you are the one who signs and sustains this request.

A few points help clarify the role of this form:

• It is the documentary foundation of the petition: the rest of the process rests on what it demonstrates.
• It serves to establish your qualifications and the broad impact of your work, not merely your fit for a specific position.
• Its approval is a step on the path to permanent residence, not the grant of the green card itself.

Since putting together the petition requires well-organized evidence and the analysis is conducted on a case-by-case basis, it is worth reviewing the official USCIS guidance and discussing petition strategy with a specialist before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.