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

Hi William,

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?


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.

Questions & Answers for Green Card Application
EB1 Extraordinary Ability (EB-1A)
EB1 Outstanding Professor / Researcher (EB-1B)
EB1 Multinational Executive or Manager (EB-1C)
EB2 National Interest Waiver (NIW)
Form I-485 Adjustment of Status
PERM Labor Certification
Form I-140 Application after Labor Certification
Request For Evidence (RFE) for EB1, NIW, L1 Visa
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J-1 Waiver of 2-Year Home Residence
H-1B Visa Application or Extension
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