Do I already have a labor certification under another category, does that help with the NIW?

The immigration process to the United States involves various pathways and specific requirements for each visa. In the case of the EB-2 NIW (National Interest Waiver), the goal is to demonstrate that the candidate’s work or research will benefit the national interest, allowing the waiver of the job offer requirement and, consequently, the Labor Certification.

This possibility makes the NIW an interesting option for highly qualified professionals who can contribute significantly to the country. Having an approved Labor Certification under another category can be seen as an indication that you have already undergone a rigorous qualification check with the authorities.

However, in the context of the NIW, this document is not a requirement and, therefore, is not essential for the approval of your petition. The EB-2 NIW focuses more on the quality and impact of your work, evaluating evidence that your activity will bring relevant benefits to the United States’ national interest.

Although the Labor Certification can complement your background and demonstrate a recognition of qualification, the decisive component for the NIW is the robust argumentation about how your professional activity contributes significantly to the country. Thus, having an approved Labor Certification in another category does not replace the need to present convincing evidence of the merit of your work for the national interest.

It is essential to follow all United States immigration laws during the process, seek guidance from official sources, and consider consulting with specialized professionals in the field to avoid incorrect information or solutions that seem to promise results that cannot be guaranteed. In this way, you will be able to build your petition in a solid and secure manner, respecting all criteria established by immigration legislation.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.