Dr. William:

My Labor Certification is still pending after more than 2 years of application, filed by my company's lawyer. 

I want to apply for National Interest Waiver by myself. My question is if my NIW petition is rejected by USCIS due to my qualification, can I still complete my Labor Certification and apply for I-140 later again?

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Answer:

It is OK for you to apply for National Interest Waiver, while your Labor Certification is pending with the Department of Labor. If the you I-140 petition is rejected for your NIW case, you still can complete the Labor Certification and apply for the I-140 later if your Labor Certification is approved by Department of Labor.