NATIONAL INTEREST WAIVER (NIW)
I-140 COVER LETTER AND EVIDENCE PLAN
Filing Overview
- Petitioner: Self | Beneficiary: [NAME]
- Field/endeavor: [FIELD DESCRIPTION]
- Proposed endeavor summary: [2-3 sentence description]
- Basis: EB-2 NIW under Matter of Dhanasar (substantial merit/national importance, well positioned, beneficial to waive labor cert)
- Concurrent I-485: [YES/NO]; Filing basis: [ADJUST/CONSULAR]
Packet Order (suggested)
1) Cover letter (this document).
2) Form I-140 with fees; G-28/G-1145.
3) Evidence index organized by Dhanasar prongs.
4) Credentials: degrees, transcripts, licenses, resume/CV.
5) Publications/presentations list with citation metrics (if relevant).
6) Letters of support (independent and internal).
7) Grants/funding/contracts/awards related to endeavor.
8) Evidence of past impact (implementations, patents, commercial use, policy adoption).
9) Media coverage, expert reports, and industry standards documents.
10) Detailed personal statement on proposed endeavor and plan.
11) If concurrent AOS: I-485 packet, I-765/I-131 as applicable.
Cover Letter Outline (sample)
1) Introduction and requested classification.
2) Prong 1: Substantial merit and national importance - describe endeavor, scope, and national-level benefits.
3) Prong 2: Well positioned to advance the endeavor - summarize track record, resources, plans, and commitments.
4) Prong 3: On balance, beneficial to waive labor certification - efficiency/public benefit arguments and urgency.
5) Conclusion and exhibit index.
Evidence Mapping (example)
- Prong 1: Problem statement, national relevance data, market/need reports.
- Prong 2: Past achievements (papers, patents, products, leadership roles), grants/contracts, collaborations.
- Prong 3: Letters explaining why PERM is impractical and how immediate work benefits U.S.; time-sensitive goals.
Practice Notes
- Keep letters specific; avoid duplicative boilerplate.
- Tie every exhibit to a prong; include citations in the letter.
- Use clear metrics (citations, users, deployments, revenue, public outcomes).
- For self-petition, ensure CV and publications are current; address any status maintenance if filing AOS.