I Am A H-1B Holder, Does It Mean That I Have The Labor Certification?

 

Dr. William:

After I read the NIW "do-it- yourself" package, I have a question: I am a H-1B holder, does it mean that I have already got a job offer and the labor certification? 

Also, can I apply for the EB-2 directly? In other word, I can apply either EB-2 or NIW? I am looking for your reply!

 


A:

If you current work for a company with H-1B, you should have a job offer from your current employer. Labor Certification is different Labor Condition which is required for H1B application. If you employer did not apply for Labor Certification for your immigration status from the State Department of Labor (this is different from H-1B application), then you do not have Labor Certification.

You can apply for EB-2 with Labor Certification, but it takes long time to get Labor Certification approval. Or you can apply for EB-2 NIW without Labor Certification as described in our web site, it takes much shorter time.  

 

     

 

 

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