Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

Do I need to send a 750B along with EB2-NIW

In general EB2 requires labor certification, and it is usually done by a sponsoring company. However if you self-petition for an EB2 in the NIW category, you can request to do without the labor certification process.  Therefore EB2-NIW applications may not contain a 750B form (actually the new form is ETA9089 instead of 750). You can attach a filled 9089 along with the i-140 packet. In this case you sign the form (not the employer).

Several people in the past have obtained their approvals without 9089 form. However a few USCIS examiners may send an rfe requesting for a filled 9089 form. So it does not hurt to include one.
Hope this answers your question.

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