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The Advantages of EB2 NIW Application Over the 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?

Answer,

The National Interest Waiver (NIW) offers several advantages over the EB-2 based PERM labor certification, particularly in terms of self-sponsorship, faster processing, and greater flexibility. The NIW allows individuals to petition for themselves, bypassing the need for an employer sponsor and the PERM labor certification process. This can be particularly beneficial for individuals seeking permanent residency who may not have an employer willing or able to sponsor them.

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.

Therefore, the NIW offers a more streamlined and flexible path to permanent residency for highly skilled individuals whose work is deemed to be in the national interest, particularly those who may not have an employer to sponsor them or prefer a faster, more independent process.