Can a person with an H1B file a petition for employment for themselves under an EB-2 based on a National Interest Waiver?
A. There is no specific requirement that the candidate should have awards and should have published articles in order to apply or obtain approval for an NIW petition. However, having awards and articles could make an NIW petition stronger. In order to qualify he should prove that he seeks employment in an area of substantial intrinsic merit and his proposed work will benefit the nation as a whole. A “National Interest Waiver” (NIW) petition falls into the employment-based immigration second preference category (EB-2). Normally, to file an employment-based second preference petition, a job offer and approved labor certification is required. The U.S. job offer requirement, and thus the labor certification requirement, is waived for the sake of the “national interest” through “National Interest Waiver petition”. “Since the requirement of a job offer is waived, an alien, even if he/she has no employer, may file an NIW petition on behalf of himself/herself, while a U.S. employer may file an
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