There are two different methods in which a person may become eligible to bypass both the job offer requirement and the labor certification process. They are the EB-1 for Aliens of Extraordinary Ability and the National Interest Waiver for Aliens of Exceptional Ability and Advanced Degree Professionals.

ADVANTAGES OF THE NATIONAL INTEREST WAIVER AND EB-1 PROCESSES

There are two major advantages to Extraordinary (EB-1) and Exceptional (NIW/EB-2) Ability petitions.

1. They are much quicker than the normal labor certification process. Whereas a normal permanent residency petition channeled through the burdensome labor certification process takes three to five years, a NIW/EB-2 or EB-1 takes only one year to process;
2. The applicant sponsors himself/herself based upon his/her abilities, education, and experience. This means that present employment is not required, and if the applicant is employed, the employer does not have to get involved in the process. Why is this important? FREEDOM! The applicant does not have to stay with the employer for a certain number of years while the process is undertaken. Second, permanent residency is taken away from the employer as a bargaining chip in the employer/employee relationship.

Additional Information:

• Specific Information on the EB-1 Extraordinary Ability Petition
• Specific Information on the National Interest Waiver (NIW/EB-2)
• The EB-1 and National Interest Waiver As Alternatives To The "Maxed Out" H-1B Category
• How Fast Are The National Interest Waiver and Extraordinary Ability Processes?
• Documentation Required for the National Interest Waiver and/or EB-1
• How Much Will the National Interest Waiver or the EB-1 Cost Me?
• Some examples of approved National Interest Waivers / EB-1s
• I Think I'm Qualified...What Now?
• Recent NIW/EB-2 Approvals
• NIW / EB-1 FAQ Questions
• In re NEW YORK STATE DEPT OF TRANSPORTATION