Second preference immigrant visa process requires a job offer from a potential U.S. employer and filing of an alien labor certification application with the U.S. Department of Labor. Labor certification is a process whereby an employer states that it there was no eligible candidate for the job and that no qualified and willing U.S. worker has been displaced because of job offer to the foreign national.
However, in certain cases, an alien may be able to file an immigrant visa petition under second preference without a job offer and without filing an alien labor certification application. It is possible under National Interest Waiver (NIW) option. Under NIW, a foreign national must demonstrate with relevant evidence that he/she seeks entry to the U.S., which is in its national interest.
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