There are two different methods in which a person may become eligible to bypass both the job offer requirement and the labor certification process. They are:

• The EB-1 for Aliens of Extraordinary Ability, and

• The National Interest Waiver (NIW) for Aliens of Exceptional Ability and Advanced Degree Professionals.

There are two major advantages to Extraordinary (EB-1) Ability petition and NIW petition.

• They are much quicker than the normal labor certification process. Whereas a normal permanent residency petition channeled through the burdensome labor certification process may takes two to five years, a NIW/EB-2 or EB-1 takes only one year to process;

• The applicant sponsors himself/herself based upon his/her abilities, education, and experience. This means that present employment is not required, and if the applicant is employed, the employer does not have to get involved in the process. 

Why is this important? Freedom! The applicant does not have to stay with the employer for a certain number of years while the process is undertaken. Second, permanent residency is taken away from the employer as a bargaining chip in the employer/employee relationship.

 

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