The PERM process is waived by completing the NIW process, and the applicant does not need to have a job offer from a U.S. employer to be able to file for this immigrant visa.
If you're unsure which route to follow to obtain a green card—NIW or PERM—or if you want to know what makes these two documents different, here is some information to look at.
PERM Labor Certification: The Department of Labor instituted this procedure to protect the employment of present Americans. It prevents firms from taking on a significant number of green card holders and displacing their current workforce with lower labor costs. All EB-3 petitions and the majority of EB-2 petitions require a PERM. The only way to avoid this requirement for the EB-2 is through the National Interest Waiver.
The PERM process is waived by completing the NIW process, which is one of the benefits of the NIW. In addition, an applicant does not need to have a job offer from a U.S. employer to be able to file for this immigrant visa. The applicant can ‘self-petition’ for an EB-2 NIW.
Other benefits include the following:
Faster than the labor certification process
The applicant may also obtain work and travel visas for their spouse and children while the application is pending.
The EB-2 NIW can be filed while an applicant has other immigration applications pending, such as an EB-1A for outstanding or extraordinary ability.
More flexible than the labor certification process
