Dr. William:

I was denied a Labor Certification application recently, due to massive layoffs in my field. I want to know if I still can petition for NIW category?

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Answer:

The standards for Labor Certifications and National Interest Waiver are different. If you qualify for National Interest Waiver requirements, you can still apply for NIW.

The Labor Certification is based on a lack of available U.S. workers with minimum qualifications for the particular job. The NIW petition is based on the applicant being able to contribute to a greater degree than U.S. workers with minimum qualifications, and your work/research should be in U.S. National Interests.