Can I petition for a NIW if I have been denied a labor certification?

Yes, if you meet the requirements for an NIW. The requirements for NIWs and labor certifications are very different. A labor certification is based on a lack of available U.S. workers with minimum qualifications for a particular job whereas a NIW is based on the applicant’s proving that he or she will be better able to serve national interests than would U.S. workers with minimum qualifications.