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EB2 National Interest Waiver Is
Better Option for U.S. Green Card application

Hi William,

My employer will apply for PERM Labor Certification for me. But after visit your website at www.greencardapply.com/niw.htm, since I have MS degree, I believe that I may qualify for the NIW (National Interest Waiver) Green Card application. Do you think NIW is better option for U.S. Green Card application?

Answer,

The EB2 NIW visa is a subcategory of the EB2 category. An EB2 visa generally requires a job offer and labor certification, proving that no qualified US workers are available for the position, while the EB2 NIW waives this requirement for individuals whose work has national importance or substantial merit.
NIW is better option for U.S. Green Card application than PERM Labor Certification.

The National Interest Waiver is a special provision under the EB2 visa category that allows certain foreign nationals to bypass the traditional labor certification process and self-petition for a U.S. green card.

Many talented scientists and researchers should have better chances when they apply for an attractive job position. However often times, they failed just because they do not have a U.S. Green Card. Some people with advanced degree do not know how to apply for U.S. Green Card in above three preferred immigration categories, but instead, these people apply for a Labor Certification, or called PERM Labor Certification. However, choosing Labor Certification is not the best strategy for people who may qualify for one of the above three ideal immigration classifications. 

To qualify for EB2 NIW Green Card application, an alien applicant needs to demonstrate that his or her work is in the National Interest of United States, and the alien applicant should have an advanced degree and have exceptional ability in sciences, arts or business. The National Interest Waiver Green Card application can either be filed by an alien applicant as self-petition, or be sponsored by a U.S. employer. An alien applicant may also file additional Green Card applications in other categories, while a National Interest Waiver application is pending.

The EB2 National Interest Waiver application is generally considered significantly better than a Labor Certification, because it allows individuals to bypass the labor certification process, meaning they do not need a job offer or employer sponsorship, providing greater flexibility and a potentially faster path to a green card, especially for those whose work is deemed to be of substantial national importance.

Not having a prevailing wage requirement for NIW application is also good for applicants. It is beneficial because you can get the NIW approved much faster, and there is no need to be tied to one specific sponsoring employer which allows for flexibility.






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