Tag Archives: Cape Coral immigration lawyer

Business Visas: EB2 Visa

EB2 Visa

Carl Rothrock, Ft. Myers immigration attorney

A foreign citizen may apply for an Employment-Based Immigrant Visa, Second Preference Category, or EB2 visa. If USCIS approves the application, the foreign citizen and his or her spouse and children may receive permanent resident cards and can apply for citizenship after five years. There are three categories of an EB2 visa in which the foreign citizen may apply: 1) Advanced Degree, 2) Exceptional Ability, and 3) National Interest Waiver

Advanced Degree

An employer must sponsor an employee for an EB2 visa requiring an advanced degree.
The U.S, government limits the number of approved visas in this category to around 40,000 visas per year. Further, the government limits the number of immigrants by country. Citizens of China, India, the Philippines, and Mexico typically experience long waiting periods when they apply for this visa. Other countries do not. Click this link to see current waiting times for immigrant visas.
The available job must require an advanced degree or relevant work experience. The applicant may have a master’s degree (or foreign equivalent) or a bachelor’s degree plus five years of work experience.
Prior to filing an I140 Employment Based Petition, an employer must usually file two preliminary applications. First, the employer must file a Prevailing Wage Determination and must offer the foreign employee a minimum wage of the amount set in the Prevailing Wage Determination. Second, the employer must obtain “Foreign Labor Certification,” a process by which the government certifies that there are not enough qualified Americans to perform the job.
Certain occupations do not require Labor Certification, but most do.
A spouse and child of the employee are also eligible for permanent resident cards if the employee is approved.

Exceptional Ability

The applicant must demonstrate that he or she has an exceptional ability in the sciences, arts, or business. Exceptional ability means “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
An employer must sponsor an employee in this category.
Most applicants in this category hold a doctorate degree.
The government requires both Labor Certification and Prevailing Wage Determination unless it waives labor certification.
An Applicant must prove at least three of the criteria listed below:
Official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
Letters documenting at least 10 years of full-time experience in the occupation
Professional license
Salary history reflecting the applicant’s exceptional ability
Membership in a professional association(s)
Recognition for achievements and significant contributions to the applicant’s industry or field by peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.

National Interest Waiver

The requirements for National Interest Waiver are similar to that of applicants with extraordinary ability.
The applicant must demonstrate at least three of the following criteria:
Official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
Letters documenting at least 10 years of full-time experience in the occupation
Professional license
Salary history reflecting the applicant’s exceptional ability
Membership in a professional association(s)
Recognition for achievements and significant contributions to the applicant’s industry or field by peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.

Unlike the category for extraordinary ability, National Interest Waiver applicants are not required to obtain Labor Certification. Applicants must show that the necessity of labor certification can be waived because it is in the interest of the United States.
Most approved applications in this category are in the field of science, and most applicants possess a doctorate degree.
Applicants in this category may file their own I140 Employment Based Petition. They do not need an employer to sponsor them.
The spouse and child of the applicant is eligible for permanent residence if the applicant is approved.

Choose a Qualified Immigration Attorney to Represent your Interests

Carl Rothrock, an immigration attorney in Fort Myers, Florida, has represented immigration clients from all over the world. He has been licensed since 1989 and is admitted to practice before the Board of Immigration Appeals and all Immigration Courts in the United States. To schedule a free initial consultation, call the Rothrock Law Firm at 239-206-2363.

EB1 Visa Types

EB1 Visa

Carl Rothrock: Immigration Lawyer in Fort Myers

A foreign citizen may apply for an EB1 visa. If USCIS approves the application, the foreign citizen and his or her spouse and children may receive permanent resident cards and can apply for citizenship after five years. There are three categories of an EB1 visa in which the foreign citizen may apply: 1) Extraordinary Ability, 2) Outstanding professors and researchers, and 3) Multinational managers or executives.

Extraordinary Ability

In order to qualify for an EB1 visa as an “alien of extraordinary ability,” the applicant must prove that he or she has an extraordinary ability in the sciences, arts, education, business, or athletics. The applicant must show that his or her achievements have been recognized in his or her respective field. An applicant must prove that he or she meets three out of ten criteria below:

Receipt of lesser nationally or internationally recognized prizes or awards for excellence
Membership in associations in the field which demand outstanding achievement of their members
Published material about the applicant in professional or major trade publications or other major media
Evidence that the applicant has been asked to judge the work of others, either individually or on a panel
Applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Authorship of scholarly articles in professional or major trade publications or other major media
Work has been displayed at artistic exhibitions or showcases
Performance of a leading or critical role in distinguished organizations
The applicant commands a high salary or other significantly high remuneration in relation to others in the field
Commercial success in the performing arts

Alternately, if the foreign citizen does not meet three of the above listed requirements, he or she can substitute a one time achievement, such as a Pulitzer Prize, Oscar, Olympic medal, etc. An employer does not need to sponsor an alien of extraordinary ability. The foreigner can file his or her own petition. USCIS does not limit the number of visas issued in this category.

Outstanding Professors and Researchers

Outstanding professors and researchers must demonstrate international recognition in a particular academic field. The EB1 visa applicant must hold three years of experience in teaching or research in that academic area. In addition, the applicant must enter the United States to pursue a tenure track teaching position or a comparable research position at a university. The foreign citizen must document evidence in at least two of the following criteria:

Receipt of major prizes or awards for outstanding achievement
Membership in associations that require their members to demonstrate outstanding achievement
Published material in professional publications written by others about the alien’s work in the academic field
Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
Original scientific or scholarly research contributions in the field
Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

The applicant’s employer must file an I140 petition to sponsor the employee. If USCIS approves the petition, the employee and his or her spouse and children may receive permanent resident cards. USCIS does not limit the number of visas issued in this category.

Multinational Managers or Executives

The employer must have employed the applicant for at least one year within the last three years outside the United States. An employee must enter the United States to continue service to this employer. In addition, the employee must have worked as a manger or executive with the employer, an affiliate, or a subsidiary. Only a U.S. employer can sponsor an employee under this category. The employer must have operated the business for at least one year as an affiliate, subsidiary, or same corporation that employed the person abroad. USCIS does not limit the number of visas issued in this category.

Choose a Qualified Immigration Attorney to Represent your Interests

Ukraine E2 visa

Ukraine E2 visa. Ft. Myers immigration attorney Carl Rothrock files E2 Visa applications for citizens of Ukraine who wish to operate a business in the United States. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

E2 Visa Requirements for Ukraine

A citizen of Ukraine must control the majority ownership or control of the investing or trading company.
A citizen of Ukraine must file the E2 application.
An E-2 visa is temporary. An embassy can issue an E2 visa for a maximum of five years; however, each country’s treaty dictates how long the treaty may be issued. Currently, Ukraine issues the E2 visa for 3 months.
The U.S. Embassy in Kyiv processes E2 treaty visas for applicants from Ukraine.

Derivative E2 Visa for Spouse and Child

The spouse of an E2 visa holder may live and work in the United States.
The child of an E2 visa holder may attend school in the United States. The child must be under age 21.

Discuss Your Case Today with a Qualified Immigration Lawyer

Experience matters. Fort Myers immigration attorney Carl Rothrock has been licensed to practice law since 1989 and has successfully filed E2 treaty applications for investors throughout the world. Mr. Rothrock is admitted to practice law before all Immigration Courts in the U.S. as well as the Board of Immigration Appeals. He represents clients globally. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 206-2363.

E2 Visa Costa Rica

E2 Investor Visa Costa Rica

Fort Myers immigration attorney Carl Rothrock files E2 treaty visas for Colombian nationals

E2 Investor Visa Costa Rica. Carl Rothrock, immigration lawyer in Cape Coral, Florida, files E2 Investor Visa applications for citizens of Costa Rica who wish to operate a business in the U.S. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

Costa Rica E2 Requirements

Costa Rican citizens must control the majority ownership or control of the investing or trading company.
A Costa Rican citizen must file the E2 investor visa application.
An E-2 visa is temporary. An embassy can issue an E2 visa for a maximum of five years; however, each country’s treaty dictates how long the treaty may be issued.
The U.S. Embassy in San Jose processes E2 treaty visas for citizens of Costa Rica.
Each E2 treaty country has its own requirements for issuing a visa. Click this link to see the specific requirements for E2 treaty visa for Costa Rica.

Derivative Visas for Families of E2 Holders

A spouse of an E2 visa holder may live and work in the United States. The spouse does not need to work for the E2 holder’s company. A spouse may work for any employer that allows foreign work authorization.
Children under the age of 21 may attend school in the United States. Children cannot work.

Contact E2 Investor Attorney Carl Rothrock today

Carl Rothrock, an immigration lawyer in Cape Coral, Florida, has been admitted to practice law since 1989 and has successfully filed E2 treaty applications for investors throughout the world. Mr. Rothrock is admitted to practice law before all Immigration Courts in the United States as well as the Board of Immigration Appeals. He represents clients globally. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 206-8252.

E2 Treaty Visa Colombia

Naples immigration lawyer Carl Rothrock files E2 applications for Colombian citizens

E2 Treaty Visa Colombia. Carl Rothrock, immigration attorney in Naples, Florida, represents E2 Treaty applicants from Colombia who wish to operate a business in the U.S. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

E2 Requirements for Colombia

A Colombian citizen must control the majority ownership or control of the investing or trading company.
Only a Colombian citizen can file the E2 visa application.
An E-2 visa is temporary. An embassy can issue an E2 visa for a maximum of five years; however, each country’s treaty dictates how long the treaty may be issued.
The U.S. Embassy in Bogota processes E2 visas for Colombian applicants.
Embassies require different documentation by country. Click this link to see the specific requirements for E2 treaty visa for Colombia.

Family Members of Colombian E2 Visa Holders

An E2 visa holder’s spouse may live and work in the United States. Further, the spouse does not need to work for the E2 holder’s company. The spouse may work for any company that allows foreign work authorization.
If an E2 visa holder has a child under 21 years old, the child may attend school in the United States.

Hire an Attorney Experienced in E2 Applications

Immigration matters are complex. Carl Rothrock, an immigration attorney in Naples, has been licensed to practice law since 1989 and has successfully filed E2 investor applications for clients all over the world. Mr. Rothrock is admitted to appear before all Immigration Courts in the United States as well as the Board of Immigration Appeals. He represents clients globally. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 330-2534.

E2 Visa China

Chinese E2 visa

Chinese E2 visa. Ft. Myers immigration attorney Carl Rothrock files E2 Visa applications for Chinese citizens who wish to operate a business in the United States. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

E2 Visa Requirements for China

A citizen of China must control the majority ownership or control of the investing or trading company.
A Chinese citizen must file the E2 application.
An E-2 visa is temporary. An embassy can issue an E2 visa for a maximum of five years; however, each country’s treaty dictates how long the treaty may be issued.
The U.S. Embassy in Bejing processes E2 treaty visas for Chinese applicants.
Embassies require different documentation by country. Click this link to see the specific requirements for E2 treaty visa for China.

Derivative E2 Visa for Spouse and Child

The spouse of an E2 visa holder may live and work in the United States.
The child of an E2 visa holder may attend school in the United States. The child must be under age 21.

Discuss Your Case Today with a Qualified Immigration Lawyer

E2 Visa Chile

Fort Myers Immigration Lawyer Carl Rothrock files E2 visa applications for citizens of Chile

E2 Visa Chile. Carl Rothrock, immigration lawyer in Cape Coral, Florida, files E2 Visa applications for citizens of Chile who wish to enter the United States to operate a business. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

Requirements for E2 Visa in Chile

Chilean citizens must control the majority ownership or control of the investing or trading company.
Citizens of Chile must file the E2 application.
An E-2 visa is temporary. An embassy can issue an E2 visa for a maximum of five years; however, each country’s treaty dictates how long the treaty may be issued.
The U.S. Embassy in Santiago processes E2 investor applications for Chilean citizens.
E2 treaty countries have different requirements for approval. Click this link to see the specific requirements for E2 treaty visa for Chile.

Benefits to Spouse and Child of E2 Visa Holder

The spouse of an E2 visa holder may live and work in the United States.
A child of an E2 visa holder may attend school in the United States; however, the child cannot work.

Schedule a free consultation today with an Experienced Immigration Lawyer

Discuss your options today with an experienced immigration attorney. Cape Coral immigration attorney Carl Rothrock has been licensed to practice law since 1989 and has successfully filed E2 treaty applications for investors throughout the world. Mr. Rothrock is admitted to practice before the Board of Immigration Appeals and all Immigration Courts in the United States. He represents clients both inside and outside the U.S. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 206-8252.

E2 Investor Visa Argentina

E2 Investor Visa Argentina. Carl Rothrock, immigration attorney in Fort Myers, Florida, files E2 investor visa applications for citizens of Argentina wishing to enter the United States. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

E2 Investor Visa requirements for Argentina

Citizens of Argentina must control the majority ownership or control of the investing or trading company.
A citizen of Argentina must file the E2 application.
An E-2 visa is temporary. An embassy can issue an E2 visa for a maximum of five years; however, each country’s treaty dictates how long the treaty may be issued.
The U.S. Embassy in Buenos Aires processes E2 investor applications for citizens of Argentina.
E2 treaty countries have different requirements for eligibility. Click this link to see the specific requirements for E2 treaty visa for Argentina.

The Investor’s Spouse and Children are Eligible for Derivative Visas

A spouse of an E2 treaty applicant is eligible for an E2 derivative visa. The derivative visa allows the spouse to live and work in the United States.
A child under the age of 21 of the E2 treaty applicant is also eligible for an E2 derivative visa. The child may attend school in the United States.

Contact an Immigration Attorney today for a free consultation

Contact a highly experienced immigration attorney to file your E2 investor application. Carl Rothrock is an immigration lawyer in Fort Myers, Florida. He has been licensed to practice law since 1989. He has filed many E2 treaty applications for investors all over the world. Mr. Rothrock is admitted to practice before the Board of Immigration Appeals and all Immigration Courts in the United States. He represents clients within and outside the U.S. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 206-2363.

E2 Treaty Visa France

Rothrock Immigration Lawyer files E2 treaty visas for French citizens

Immigration lawyer Carl Rothrock files E2 treaty visas for citizens of France

E2 Treaty Visa France. Fort Myers immigration attorney, Carl Rothrock, files E2 treaty visa applications for citizens of France wishing to enter the United States. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

E2 treaty visa requirements for France

Citizens of France must control the majority ownership or control of the investing or trading company.
Only French citizens can file the E2 application.
An E-2 visa is temporary. An embassy can issue an E2 visa for a maximum of five years; however, each country’s treaty dictates how long the treaty may be issued.
The U.S. Embassy in Paris processes E2 treaty visas for French applicants.
Each E2 treaty country has specific requirements for eligibility. Click this link to see the specific requirements for E2 treaty visa in France.

Family members of E2 Treaty Applicants

Family members of the E2 treaty applicant can obtain an E2 derivative visa.
Spouses of E2 treaty holders can apply for work permits, and children under 21 may attend school in the United States. Spouses need not work for the E2 company. They can work for any company that accepts applicants with work permits.

Choose a Qualified Immigration Attorney to file your E2 Visa Application

E2 applications require high skill and knowledge. Carl Rothrock is an experienced immigration attorney in Fort Myers, Florida. He has been licensed to practice law since 1989. He has successfully filed E2 treaty applications on behalf of investors from all over the world. Mr. Rothrock is admitted to practice before all Immigration Courts in the United States as well as the Board of Immigration Appeals. He provides representation to clients within and outside the U.S. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 206-2363.

EB2 National Interest Waiver

EB2 Visa – National Interest Waiver

National Interest Waivers Cape Coral FL Rothrock Law Firm

Carl Rothrock: Immigration Lawyer in Cape Coral, FL

EB2 National Interest Waiver

The requirements for EB2 National Interest Waiver are similar to that of applicants with extraordinary ability.
The U.S, government limits the number of approved visas in this category to around 40,000 visas per year. Further, the government limits the number of immigrants by country. Citizens of China, India, the Philippines, and Mexico typically experience long waiting periods when they apply for this visa. Other countries do not. Click this link to see current waiting times for immigrant visas.
The applicant must demonstrate at least three of the following criteria:
Official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
Letters documenting at least 10 years of full-time experience in the occupation
Professional license
Salary history reflecting the applicant’s exceptional ability
Membership in a professional association(s)
Recognition for achievements and significant contributions to the applicant’s industry or field by peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.
Unlike the category for extraordinary ability, National Interest Waiver applicants are not required to obtain Labor Certification. Applicants must show that the necessity of labor certification can be waived because it is in the interest of the United States.
Most approved applications in this category are in the field of science, and most applicants possess a doctorate degree.
Applicants in this category may file their own I140 Employment Based Petition. They do not need an employer to sponsor them.

Choose a Qualified Immigration Attorney to Represent your Interests

Carl Rothrock, an immigration lawyer in Cape Coral, Florida, has represented immigration clients from all over the world. He has been licensed since 1989 and is admitted to practice before the Board of Immigration Appeals and all Immigration Courts in the United States. To schedule a free initial consultation, call the Rothrock Law Firm at 239-206-8252.