EB-2 NIW Service Center Q & A

Q1: Which service center will my I-140 EB-2 NIW case be routed to?

The USCIS has two service centers designated for the adjudication of I-140 petitions: the Texas Service
Center (TSC) and the Nebraska Service Center (NSC). Service centers are automatically designated
based on the petitioner’s proposed state of employment as indicated in Part 6 of the Form I-140
(“Proposed Employment”). Your EB-2 NIW case will thus automatically be routed to the appropriate
service center based on the information you provide on the Form I-140. The service center that will
adjudicate your case cannot be changed or chosen after your I-140 petition has been filed unless the
USCIS decides to transfer the case itself (e.g., to balance the caseload, etc).

States that fall under NSC jurisdiction:

Alaska, Arizona, California, Colorado, CNMI, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas,
Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New York, North Dakota, Ohio,
Oregon, South Dakota, Tennessee, Utah, Washington, Wisconsin, or Wyoming.

States that fall under TSC jurisdiction:

Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky,

If you are filing your petition outside of the U.S. and you do not have a set employment plan, your
case will most likely be routed to TSC.

Please note that this is subject to change. You may refer to this link (https://www.uscis.gov/i-140-
addresses) for the most up-to-date information about USCIS direct filing addresses for I-140
petitions.

Q2: What is "proposed employment?"

“Proposed employment” is defined as the employment you intend to have after you obtain your green
card. In general, although it is difficult to predict when you will obtain your green card, if you are
currently employed in the U.S. and you do not have any plans to change jobs for at least 6 months,
your current employment will serve as your “proposed employment” for the purpose of the I-140
petition. In this case, you will fill out Part 6 of the Form I-140 with information about your current
employment, and we will submit a proposed endeavor statement with your I-140 petition. Your I-140
petition will then be routed to a service center based on the state in which your employer is located.

Q3: Is there any difference between the two service centers for the NIW category?

Our NIW approval rates at both service centers consistently exceed 99%. However, since 2022, we've
observed a slightly higher approval rate for NIW at NSC compared to TSC, with a difference of
approximately 0.6%. It is worth pointing out that the TSC has very recently brought on board a
significant number of new officers. Due to their limited experience, these new officers sometimes
struggle with understanding the NIW category and its adjudication standards, thus issuing arbitrary and
unreasonable denials. If your priority is to maximize your chances of approval, filing your case with the
NSC (Nebraska Service Center) could be a favorable option. However, ultimately, the choice is up to
you.

Based on NIW cases filed by our firm, there has not been any notable difference in processing times at
the two service centers.

Q4: How can I file my NIW case to NSC?

As long as you truly intend to work in a NSC state once you receive your green card and are willing to
articulate plans for pursuing employment opportunities in states under NSC jurisdiction in the proposed
endeavor statement, we should be able to file your case for processing at NSC based on the state of
your proposed employment. If you have current employment at NSC or have plans to apply for jobs
under NSC jurisdiction, we can submit a proposed endeavor statement describing your current plans for
continued engagement in your field. Your proposed endeavor statement should include discussion of
your plans to work in a NSC state and emphasize how the proposed employment listed in Part 6 is your
preferred position.

For clients who work in a TSC state but live in a NSC state (e.g. AR and MO, respectively), please
keep in mind that the service center is first determined by the state of your proposed employment,
followed by your mailing address. If your current job is indefinite and you have no plans to leave, you
should list that position on your I-140. If your job is ending soon and you do not have any specific job
plans, you can leave Part 6 blank and, based on your mailing address in Part 1, your case should be
routed to NSC. However, we recommend completing Part 6, if possible; therefore, you should try to
look for jobs in a NSC state.

The above being said, please be aware that you should answer truthfully on the Form I-140 regarding
your proposed employment, and your indications on the form must truthfully reflect your intent at the
time of filing, and, as noted above, your proposed endeavor statement should be consistent with the
proposed employment listed in Part 6 as your preferred position. By signing the Form I-140, you are
stating that, under the penalty of perjury, the evidence that you are submitting is all true and correct to
the best of your knowledge. Since you are the only person who knows your intent regarding future
employment, we are unable to make a determination for you in regard to how to proceed with Part 6
"Proposed Employment."

Note that service centers should not be the only issue to take into consideration when determining your
proposed employment or how you will fill out the I-140, but whether your case will be processed at
NSC or TSC is a factor that could slightly affect your chances of EB-2 NIW approval.

Q5: If I am unemployed or applying from outside the U.S., what will be my service center?

Even if you are unemployed or living outside the U.S., as long as you have a proposed employment
under a NSC state, your case should be routed to NSC for processing. If you do not have a proposed
employment, the service center would be based on the mailing address listed in Part 1.

If Part 6 proposed employment is left blank and a foreign address is listed in Part 1, based on our
experience, your case should be routed to TSC.

Q6: When my case is pending, can I request USCIS to transfer my case to another service center?

No. After a case is filed, it will be directly routed to a corresponding service center based on the
petitioner's proposed employment. When a proposed employment is not available, the case should be
routed to the corresponding service center according to the petitioner's mailing address. Once USCIS
starts processing the case, it will most likely remain at the same service center without any change.
That said, USCIS may internally transfer a case to another service center in order to balance the
caseload. This only happens infrequently and when it does occur, USCIS will send out a transfer
notice.

Q7: What are my options if my EB-2 NIW case filed to NSC/TSC receives a difficult RFE or gets
denied?

We will review the RFE and/or denial notice and advise the best course of action. We may suggest
withdrawing and refiling if we anticipate the chance of approval by responding to the RFE is
extremely low. If your EB-2 NIW is unfortunately denied, you can choose to appeal the denial
decision or re-file another I-140. For refiling, we would normally suggest to our clients that they wait
for at least a few months before doing so, if their visa situation allows.