EB2 Visa | Rothrock Immigration Lawyer | Naples | Boca Raton | Florida

Carl Rothrock, EB2 lawyer

EB2 visa.  Florida immigration lawyer Carl Rothrock has successfully filed thousands of cases, including EB2 visas.  A foreign citizen may qualify for an EB2 visa if he or she possesses an advanced degree, has exceptional ability, or qualifies under a National Interest Waiver.  If the U.S. government approves the application, the applicant and his or her spouse and children may receive permanent resident cards and can apply for citizenship after five years.  The U.S. government limits the amounts of visas awarded per year. 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

EB2 Visa: Advanced Degree | Rothrock Immigration Lawyer Naples, Fort Myers, Miami, Boca Raton

• 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 approximately 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 experience significant wait times.  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 pay the foreign employee a minimum amount determined by the government.  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. The Labor Certification process currently takes several months.
• Most occupations require Labor Certification. Nurses and physical therapists with advanced degrees do not.
• The foreign employee’s spouse and children under 21 are also eligible for permanent resident cards if the employee’s EB2 visa is approved.

EB2 Visa: Exceptional Ability | Rothrock Immigration Lawyer Naples, Fort Myers, Miami, Boca Raton

• 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 master’s or 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.

The EB2 Visa: National Interest Waiver (NIW) | Rothrock Immigration Lawyer Naples, Fort Myers, Miami, Boca Raton

• Visit our EB2 NIW page for additional information about the EB2 NIW visa.

• 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 EB2 Visa Immigration Attorney to Represent your Interests

Immigration attorney Carl Rothrock has successfully represented thousands of immigration clients from more than 100 countries, including EB2 applicants.    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. He has received numerous awards and recognitions as an immigration lawyer.  To schedule a free initial consultation, call the Rothrock Law Firm at 239-206-2363.