NIW or Labor certification

R

run4GC

Registered Users (C)
Hi, I am working in a small company now and they can sponsor for EB2. Now they are going to fill the labor certification for me. Meanwhile, I would like to apply NIW by myself so that I can change my job if needed. However, it looks like there is a conflict between sponsored EB2 and NIW. I am wondering if I apply both at the same time? what are options? Should I do NIW first and then labor certification? How can I explain it in NIW? Please give me some ideas. Thanks a lot.

Leo
 
You can apply for EB2 NIW and EB2 based on Labor Certifcation at the same time. Just remember that the requirements are different for NIW (see www.greencardapply.com/niw/niw_requirement.htm)

If you want to apply them at the same time, so you may have difficult for explain it in NIW. So it is better to apply the NIW first.
 
I thought that with NIW one of the things you are trying to say is that you are so important to the country that the labor certificate process (taking longer) would
would have a negative effect on national interest.

I think you're also trying to say that the labor certificate does not consider your unique abilities. So I'm not sure how these two would go together.
 
I think that NIW is a good option for those who do not wish to wait several years for labor certification or those who do not wish to be tied to a specific employer during labor certification. Once an approved Labor Certification is obtained, the alien can either apply directly for adjustment of status to permanent residence or file an immigrant visa petition.
 
Yes, I am agree NIW is best choice for the people who are waiting for many years for labour certification. You wait till the certificate is approved. After that you can apply visa in immigration.
 
So it's not recommended to apply NIW-based eb2 and PERM-based eb2 at the same time? I am in the same situation (Employee is about to file PERM but I want NIW at the same time) and I've heard conflicting information regarding this issue.
 
The LC, or Labor Certification is used during the Green Card process. In the Labor Certification process, Department of Labor actively gets involved and proves (and then certifies) that there is no American who would work in the given job.
 
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