National Interest Waiver and Its Application For applicants with an advanced degree - masters or above, there are three ideal options to apply for a Green Card. These options are in different immigration classifications in Employment-Based (EB) immigration, including: 1) EB1A: Aliens with Extraordinary Ability in science, art, and business (or EB1-EA); 2) EB1B: Outstanding Researchers and Professors (or EB1-OR); 3) EB2 NIW: Members of Professions Holding Advanced Degrees Applying for a Waiver of Labor Certification in National Interest (or NIW). Some people with advanced degree do not know how to apply for green card in above three preferred categories, but instead, these people apply for a Labor Certification. However, choosing Labor Certification is not the best strategy for people who may qualify for one of the above three ideal immigration classifications. A National Interest Waiver, or NIW, is an employment based second preference petition. It is so named because it asked that the otherwise required labor certification requirement be waived in the national interest. Thus, a beneficiary of a successful NIW is exempt from the requirement that his or her employer first obtain an individual labor certification from the Department of Labor. The Immigration Act of 1990 created several new employment based immigration categories. Section 203(b)(2)(A) includes members of the professions holding advanced degrees and aliens of exceptional ability in the arts, sciences or business. Popularly referred to as EB-2, this category normally requires a permanent job offer and an approved Labor Certification. please also see: www.greencardapply.com/niw.htm www.greencardapply.com/niw/niw_whatis.htm www.greencardapply.com www.greencardfamily.com |