Tag Archives: Ft Myers EB2 attorney

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

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

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.

EB2 Visa Exceptional Ability

EB2 Visa – Exceptional Ability

Carl Rothrock Ft Myers EB2 Exceptional Ability Attorney

Carl Rothrock, Naples 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

EB2 Visa 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.
  • The government caps the number of EB2 visas to approximately 40,000 per year.  Most countries do not have a long wait list; however, Indians have unreasonably long wait times in this category.  Click here to see current processing times for EB2 visas per country.
  • 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.

Choose a Qualified Immigration Attorney to Represent your Interests

Naples immigration attorney Carl Rothrock 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.

EB2 Advanced Degree

EB2 Visa – Advanced Degree

Carl Rothrock Ft Myers EB2 advanced degree attorney

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.

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.