Question:

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:

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.?

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