Yes, you can apply for PERM and NIW/EB1 at the same time! The revious answer is NOT correct.

The PERM application is handled by Department of Labor, and the NIW/EB1 are handled by USCIS. You certainly can apply for them at the same time, because thay are in the different immigration categories.

One issue needs to be careful about for NIW application is that the USCIS may send you a RFE letter to ask your the question of "why you want to waive the Labor Ceritifcation?"

Therefore, the strategy can be to apply the PERM and NIW at the same time, but hold the PERM based I-140 application submission after the NIW approval or rejection result. http://www.greencardapply.com/niw/niw_faq_william.htm



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