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Unraveling the EB-2 NIW Mystery: Your FAQs Answered!

Can You Apply for EB-2 NIW with a Bachelor’s Degree and a Valuable Invention?

If you possess a bachelor’s degree (considered an advanced degree by USCIS) and have invented a product of significant national interest, you can write your petition and include details about the product’s benefits to the U.S. A U.S.-derived bachelor’s degree can strengthen your case.

Traveling to Mexico with Advanced Parole While Awaiting Green Card

If you have an approved Advanced Parole document and a valid passport, you can travel to Mexico. However, upon return, Border Patrol officers will evaluate your case. It’s typical to be taken to a secondary screening where they verify details before granting entry, as experienced by the speaker on her trip to Japan.

EB-2 NIW I-140 Application Timing for Someone Outside the U.S.

If you’re about to start a job in the U.S. with an H1B academic visa, it’s recommended that you enter the U.S., get settled, and then submit your I-140 application. There’s no immediate rush, and applying from within the U.S. may ensure a smoother process.

Which Forms are Required for EB-2 NIW, and how do you apply from outside the U.S.?

For the EB-2 NIW program, one needs to submit form I-140, which is not available online. Living outside the U.S.? Here’s a step-by-step guide:

  1. Visit to download the latest version of the I-140 form.
  2. Attach your petition to the filled form and write a petition letter detailing how you meet the EB-2 NIW requirements.
  3. Include evidence for each requirement.
  4. Fill out sections J to M of ETA 9089 (Labor Certification Form).
  5. Send the complete package, including I-140, petition letter, evidence, and ETA 9089 sections J to M, to the specified address in Texas found on the USCIS website.

This process cannot be done online; a paper-based application is required.

Always seek advice from professionals or the USCIS website for further assistance or questions. Good luck with your application!

Contact Us for EB-2 NIW Assistance

Reach out to our experienced team to learn how we can help guide you through the EB-2 NIW green card application process and achieve your goals. Our services are tailored to support your Employment-Based Second Preference National Interest Waiver (EB-2 NIW) application from start to finish.

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Initiate the journey by scheduling a consultation call with our experts today.

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