US authorities have liberalised the tests used to grant a National Interest Waiver (NIW) to EB-2 category of green card applicants. Those having an advanced degree or exceptional ability fall in the EB-2 category . Indian entrepreneurs and qualified individuals will now have a fairer chance of obtaining an NIW, which in turn will speed up the process of obtaining a green card.
The liberalisation was part of a recent landmark decision by the Administrative Appeals Office of the US Citizenship and Immigration Services. Normally , a permanent job offer and an approved labour certificate are pre-requisites to file for a green card. An NIW allows individuals in the EB-2 category to skip the cumbersome `labour certification’ process. In general terms, this certification process, which is a protectionist measure, requires the employer to determine whether US workers are available for the job. […]
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