The Advantages of National Interest Waiver over Regular EB-2 Based PERM Labor Certification

Question:

I am considering the Green Card application in EB2. What are the advantages of EB2 – National Interest Waiver over the regular EB-2 based on the PERM Labor Certification?

Answer:

To get a Green Card under EB2 – National Interest Waiver category, there are two independent steps. The first step is to file form I-140 along with a petition to verify that your employment has enough national interest to waive the otherwise required Labor Certification (PERM). After your I-140 is approved, you may file for Green Card using form I-485.

Many people prefer NIW for several reasons. First, you can self-petition. This means that you can file for Green Card by yourself, without the consent or knowledge of your employer. Second, the NIW requirement is easier than EB-1 Alien of Extraordinary Ability.

Third, with NIW, you can skip the Labor Certification process (PERM). Filing a Labor Certification is a burdensome and time consuming process.

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