Question:
I am consider 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?
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Answer:
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.
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Foreign nationals who are temporarily in the U.S. may file and submit Form i765, Application for Employment Authorization to obtain an EAD. Each employment authorization document is issued for a specified period of time based on the foreign nationals immigration situation. If a foreign national successfully completes the application for employment authorization he or she will be issued a valid EAD. He or she will then be authorized to work in the United States without their employer having to file and submit a non-immigrant petition.
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