Evidence Checklist
EB-2 NIW Petition Evidence Checklist (2025)
A complete reference of every document and exhibit category relevant to a strong EB-2 NIW petition. Use this alongside your petition strategy — the goal is not to include every item, but to understand the full landscape and select the exhibits most probative for your specific profile.
Important: This checklist is a general reference tool, not legal advice. Every petition is unique. An experienced immigration attorney can help you select and frame evidence optimally for your profile. See disclaimer.
USCIS Forms
Form I-140
Immigrant Petition for Alien Workers — the primary filing form
Form I-907 (optional)
Request for Premium Processing — guarantees 15 business-day adjudication for a fee
Form G-1145 (optional)
E-Notification of Application/Petition Acceptance
EB-2 Base Qualification — Advanced Degree
Official academic transcripts
From all degree-granting institutions; must clearly show degree awarded
Degree certificates / diplomas
Copies of your highest degree(s); foreign degrees may require credential evaluation
Foreign credential evaluation
From a NACES-member agency (e.g., WES, ECE) for non-U.S. degrees
Employment verification (if using bachelor's + 5 years)
Letters confirming 5+ years of progressive post-baccalaureate work in the field
EB-2 Base Qualification — Exceptional Ability (if applicable)
Degree or diploma showing official academic record
Criterion 1 of 6
Letters documenting 10+ years of full-time experience
Criterion 2 — from current/former employers
Professional license or certification
Criterion 3 — state/national licensure relevant to the profession
Evidence of high salary or remuneration
Criterion 4 — pay stubs, contracts, or employer letters; compare to field norms
Membership in professional associations
Criterion 5 — must require outstanding achievement, not just a fee
Recognition from peers, government, or professional organisations
Criterion 6 — awards, media, citations
National Interest Waiver — Prong 1 (Substantial Merit & National Importance)
Government reports & federal priorities
OSTP, NIH, NSF, DOE, NIST, DHS strategy documents referencing your field as a priority
Congressional reports or legislation
CHIPS Act, IRA, CARES Act, or other legislation referencing your field's national importance
Academic literature on field significance
Reviews and meta-analyses establishing the strategic importance of your subfield
Industry reports
McKinsey, Gartner, Brookings, or similar bodies quantifying national-scale impact of your field
Documented U.S. workforce shortages
BLS projections, NSF workforce reports, or employer surveys showing talent gaps in your field
National Interest Waiver — Prong 2 (Well-Positioned to Advance the Endeavor)
Publication list
All peer-reviewed publications with citation counts; include impact factors where relevant
Citation evidence
Google Scholar profile, Web of Science / Scopus report, or h-index documentation
Letters of recommendation (3–5 minimum)
From internationally recognised independent experts; must specifically address your unique contribution and national importance. Mix of U.S. and international recommenders is ideal.
Competitive grants & funding
NSF, NIH, DOE, DARPA, IARPA, or equivalent awards; include grant abstracts and funding amounts
Awards & prizes
Any nationally or internationally competitive honours; include selection criteria to show competitiveness
Patents
Granted or published patents; include number of claims and any licensing or commercialisation evidence
Invited talks & keynotes
Invitations to speak at major conferences or institutions; include conference tier and invitation letters
Peer review service
Evidence of reviewing for high-impact journals or conference programme committees
Press and media coverage
Articles in major national or trade publications about your work
Current and planned work description
A concrete model or plan demonstrating you will continue advancing the endeavor in the U.S.
National Interest Waiver — Prong 3 (Beneficial on Balance to Waive)
Institutional support letter
Letter from a U.S. university, research lab, hospital, or company explicitly endorsing the NIW and explaining why your work cannot wait for PERM
Urgency documentation
Evidence that your work is time-sensitive — ongoing clinical trials, active federal contracts, published research roadmaps
Uniqueness evidence
Documentation that your specific combination of skills is rare — job postings that cannot be filled, headhunter letters, scarcity data
Government or federal agency backing
Contracts, grants, or letters from federal agencies working with you or funding your work
Economic impact evidence
Projections or existing data on jobs created, revenue generated, or cost savings enabled by your work
Supporting / Biographical Documents
Curriculum Vitae (CV)
Comprehensive, current; must be consistent with all other exhibits
Copy of current visa / I-94
For U.S.-based petitioners
Copy of passport biographical page
Clear, current copy
Filing fee payment
Check payable to 'U.S. Department of Homeland Security' or online payment via pay.gov
Tips for Organising Your Evidence Package
- Number your exhibits sequentially (Exhibit 1, 2, 3…) and reference them explicitly in the petition letter. Adjudicators should never have to search for evidence you've referenced.
- Include a table of contents for the exhibit package. Long petitions with organised tables of contents read as professional and credible.
- Translate all non-English documents with a certified translation. USCIS requires English translations for all foreign-language documents.
- Use tabs or dividers when filing physically. Clearly labelled sections reduce the chance of exhibits being overlooked.
- Quality over quantity. A curated, well-organised set of strong exhibits is more persuasive than a bulky package with filler. Every exhibit should do evidentiary work.
- Cross-reference exhibits across prongs. The same publication can serve as prong 2 (well-positioned) AND prong 1 (substantial merit) if referenced and framed correctly in each section of the petition letter.
Know How Your Evidence Stacks Up
MeritBench will let you evaluate your evidence portfolio against the profiles of approved petitions — so you know where you're strong and where you need to build before filing.
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