USCIS Continues to Accept 750B Forms with NIW Filings

Under their current regulations, the U.S. Citizenship and Immigration Services (USCIS) requires the filing of an ETA Form 750B with the National Interest Waiver (NIW) I-140 petition. The ETA Form 750B was one of the forms submitted to the U.S. Department of Labor (DOL) for the labor certification application before PERM was implemented. Therefore, this form is no longer in use in labor certification cases, since PERM requires the use of the new ETA 9089 forms. This has given rise to an anomaly between the legal requirements of DOL and the USCIS.

The USCIS has been accepting the ETA Form 750B, even though, technically, that form has been obsolete since PERM went into effect on March 28, 2005. We at The Law Office of Sheela Murthy and other law firms raised this issue through our representatives. On October 7, 2005, the USCIS confirmed that it will continue to accept the ETA Form 750B for now with NIW filings until it changes its regulations. The USCIS would also accept the ETA Form 9089. However, since that form requires substantially more information than the ETA Form 750B, and most of the information has little bearing on an NIW case, it is likely that most immigration attorneys will recommend that their clients continue to use the ETA Form 750B for as long as possible until it is no longer accepted by the USCIS.

We at The Law Office of Sheela Murthy appreciate the USCIS’s clarification and confirmation of this matter so that persons filing NIWs need not fear that their petitions will be rejected in the immediate future if they use the ETA Form 750B rather than the ETA Form 9089.

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.