EB2 NIW Application without Labor Certification or Specific Job Offer, EB2 NIW, NIW Application, Labor Certification, Job Offer, National Interest Waiver, NIW, NIW application

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EB2 NIW Application without Labor Certification or Specific Job Offer

Hi William,

I have worked for my current employer about 2 years with H-1B visa. When I ask my company to support my green card application, my employer hired lawyer wants to file a Labor Certification for me. I think it may take too long for Labor Certification application, so I discussed the option of National Interest Waiver (NIW) application with the lawyer. But he still think the NIW may not good for me. What I should do?

Answer,

An EB-2 National Interest Waiver (NIW) application allows foreign nationals with advanced degrees or exceptional ability to get a U.S. green card without needing a labor certification (PERM) or a specific job offer, by proving their work has substantial merit and national importance to the U.S., positioning them well to advance it, and that waiving the standard requirements is in the national interest. It's a self-petition pathway for professionals in fields like science, arts, or business, focusing on significant contributions to national goals like economic growth, public health, or security.

When choosing different Green Card application categories, the Labor Certification may be considered. However, the Labor Certification process is long to get approval. Thus, serious thought could be given to the petition of EB-1 or NIW, according to an applicant's qualification.

If you believe that you could meet the qualification requirements of EB1 or NIW, applying Green Card through Labor Certification should not be your first choice. Another option is to file two petitions at the same time - a petition based on Labor Certification, and another petition based on NIW or EB-1.

You must meet criteria for an EB-2 category, and demonstrate the following through your proposed endeavor, such as:

1) Substantial Merit & National Importance: Your work must offer significant benefit to the U.S., not just local benefit.

2) Well-Positioned to Advance: You must show you're capable of succeeding in your endeavor (e.g., through past achievements, funding, letters).

3) Benefit of the Waiver: It's better for the U.S. to waive the job offer/labor certification rules than to wait for them.