USCIS Forms Guide for EB1A & NIW
Complete guide to I-140, I-907, and ETA-9089 forms with step-by-step instructions and critical requirements.
Critical: Use Only Current Forms
It is critical to get the most updated forms or else the whole packet will get returned or risk getting denied. USCIS frequently updates forms, and using outdated versions will result in automatic rejection.
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Official Forms Updates (USCIS.gov)Forms Required by Petition Type
EB1A Petition Forms
Required forms for Extraordinary Ability petitions
Form I-140
Immigrant Petition for Alien Workers
Base petition form for all employment-based cases
Form I-907
Premium Processing Service
15 business days processing for EB1A
✓ Simple form requirements for EB1A petitions
NIW Petition Forms
Required forms for National Interest Waiver petitions
Form I-140
Immigrant Petition for Alien Workers
Same base form as EB1A
ETA-9089 Appendix A
Labor Certification Application
Special NIW-only requirement from DOL
Form I-907
Premium Processing Service
45 business days processing for NIW
⚠ NIW requires additional ETA-9089 Appendix A form
Critical NIW Difference
Unlike other employment-based petitions, an NIW doesn't require a labor certification, but you will need to complete and sign a separate document, the Form ETA-9089, Appendix A, along with the I-140.
This form must be obtained from the Department of Labor (DOL) website, not USCIS.
Form I-140: Step-by-Step Guide
I-140 Immigrant Petition for Alien Workers
The primary form for both EB1A and NIW petitions
Critical Sections to Complete
Part 1: Petition Type
Select appropriate classification (EB1A or EB2 NIW)
Part 2: Petitioner Information
Complete employer details (self for self-petition)
Part 3: Beneficiary Information
Your personal and immigration details
Part 4: Job Information
Position details and requirements
Common Mistakes to Avoid
Using outdated form versions
Incomplete beneficiary information
Missing signatures and dates
Incorrect filing fees
Wrong classification selection
Filing Fee Information
I-140 Base Fee: $715
Asylum Program Filing Fee (Self-Petitioner): $300
Total Required: $1,015
Check USCIS website for current fees
Form I-907: Premium Processing Service
Premium Processing Benefits & Requirements
Fast-track your petition: 15 business days for EB1A, 45 business days for NIW
Benefits
Cost & Timeline
Premium processing fee
Processing guarantee
When to Use
• Time-sensitive cases
• Current visa status expiring
• Business planning needs
• Want faster certainty
• Family planning considerations
Premium Processing Important Notes
• Must be filed concurrently with I-140 or after I-140 receipt
• USCIS guarantees 15-day response (approval, denial, or RFE)
• If delayed beyond 15 days, USCIS refunds the premium fee
• Can be suspended by USCIS during high-volume periods
ETA-9089 Appendix A: NIW Requirement
Form ETA-9089 Appendix A for NIW Petitions
Special form required only for National Interest Waiver cases
NIW-Only Requirement
This form is only required for NIW petitions. EB1A petitions do not need this form. It must be obtained from the Department of Labor website, not USCIS.
Download from DOL WebsiteForm Purpose
Labor Certification Waiver
Documents why labor certification should be waived
National Interest Justification
Explains how petition serves U.S. national interest
Job Requirements Waiver
Shows why typical job posting requirements don't apply
Key Sections
Section A: Employer Information
Company or self-petition details
Section B: Job Opportunity
Position and requirements
Section C: Alien Information
Beneficiary details
Appendix A: NIW Justification
National interest waiver explanation
Critical Requirements
• Must be signed and dated
• Use most current version only
• Complete all applicable sections
• Submit with I-140 petition
• Include supporting documentation
• Ensure consistency with I-140
Pre-Filing Checklist
EB1A Filing Checklist
Download Current I-140 Form
From USCIS website - verify edition date
Complete All Required Sections
Select EB1A classification in Part 1
Include Filing Fee
$1,015.00 total ($715.00 for Form I-140, Immigrant Petition for Alien Worker Filing Fee and $300.00 for Asylum Program Filing Fee as a Self-Petitioner)
Optional: I-907 Premium Processing
Additional $2,805 for 15-day processing
Attach Supporting Evidence
Documentation for 3+ criteria
NIW Filing Checklist
Download Current I-140 Form
From USCIS website - verify edition date
Download ETA-9089 Appendix A
From DOL website - NIW specific requirement
Complete All Required Sections
Select EB2 NIW classification in Part 1
Include Filing Fee
$1,015.00 total ($715.00 for Form I-140, Immigrant Petition for Alien Worker Filing Fee and $300.00 for Asylum Program Filing Fee as a Self-Petitioner)
Optional: I-907 Premium Processing
Additional $2,805 for 15-day processing
Attach Supporting Evidence
Three-prong test documentation
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