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Immigrant Visa without Labor Certification

Overview

The following is a discussion of the different immigrant visa classifications that bypass the labor certification process. Some of these do not require a job offer or employer sponsor and the alien may self-petition.

The special immigrant visa petition called the National Interest Waiver is in the EB-2 immigrant visa category and the Extraordinary Ability, Outstanding Researcher and Multinational Executive/Manager petitions are under the EB-1 category. This distinction becomes critical if immigrant visa numbers are exhausted. Usually, the visa numbers first run out in the EB-2 category. Thus, obtaining an approval of an EB-1 immigrant visa petition is far more attractive, especially to aliens
from India and China.

Some of the different immigrant visa classifications do not require a job offer or employer sponser and the alien may self-petition.