Tag Archives: immigration attorney Naples

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.

 

Naples Immigration Lawyer

Naples Immigration Lawyer Carl Rothrock | E2 Visa | L1 Visa | EB1 Visa | EB2 NIW

Naples Immigration Lawyer Carl Rothrock

Naples Immigration Lawyer Carl Rothrock

Carl Rothrock is a Naples immigration lawyer with 34 years of experience. He has successfully represented thousands of people from more than 100 countries in the world.  The firm’s specialty is business immigration, including forming regional centers, assisting investors in E2 treaty visas, L visas, and EB5 investment visas, and assisting employers and employees with EB1, EB2, and EB3 visas. In addition, Carl represents individuals in family-based immigration services, such as K1 and K2 fiancée visas, marriage visas, I-130 relative visas, I-485 adjustment of status applications, and N-400 and 600 naturalization and citizenship proceedings. Further, the Rothrock Law Firm has successfully obtained waivers for inadmissibility, including unlawful presence, misrepresentation, fraud, and criminal acts.  All of the attorneys at the Rothrock Law Firm have been licensed for more than 25 years and all attorneys are rated AV Preeminent by Martindale Hubbell.

Awards, Recognitions, and Memberships

  • “AV Preeminent®, the highest-ranking level of professional excellence, skill and integrity under the Martindale-Hubbell® Peer Review Rating System
  • Perfect 10.0 score on AVVO.com, a lawyer rating and referral website
  • “Top Rated Lawyers in Florida, Immigration,” Lawyers of Distinction, 2019, 2020, 2021, 2022
  • “Nations Top One Percent,” the National Association of Distinguished Counsel, 2021, 2022
  • “Immigration Lawyer of the Year, USA,” Lawyer Monthly’s Legal Awards, 2022
  • “The Top 10 Immigration Attorneys, Florida,” Best of the Best Attorneys, 2020
  • “10 Top Immigration Attorneys, Florida,” the American Institute of Legal Counsel, 2019 and 2020
  • “Top 10 Immigration Attorneys, Florida,” Attorney and Practice Magazine, 2019 and 2020
  • “The Top Immigration Attorneys, Florida,” The Top 100 Lawyers, 2018
  • “Top Ranking Immigration Law Firms in Florida,” American Association of Attorney Advocates, 2020
  • Member, American Immigration Lawyers Association, 2018, 2019, 2020, 2021, 2022
  • Member, Academy of International Business, 2018, 2019, 2020, 2021, 2022

Recent Case Approvals

We received approvals in all of these categories in the last eighteen months:

  • EB1A, Extraordinary Ability Green Cards
  • EB1C, Executive Green Cards
  • EB2NIW, National Interest Waiver Green Cards
  • EB2, Advanced Degree Green Cards
  • EB3, Skilled Worker Green Cards
  • PERM labor certification
  • E2 Visas
  • E1 Visas
  • L1A Visas for Executives
  • L1B Visas for Specialized Skill Workers
  • H1B Specialty Occupation Visas
  • TN Visas for Canadians
  • 601 Waivers for fraud, criminal history, and unlawful presence
  • Citizenship Applications
  • Marriage Based Green Cards (adjustment of status and consular processing)
  • Family Based Green Cards
  • Fiancée Visas

Biography of Naples Immigration Attorney Carl Rothrock

Prior to practicing immigration law, Carl served as a complex litigation consultant to the defense teams of many Fortune 100 companies, including Shell Oil, British Petroleum, Chevron, Chesapeake Energy, Bank of America, UBS Bank of Switzerland, Johnson & Johnson, American Airlines, and Walmart. He has acted as counsel for over 800 clients in a defective product litigation involving defective construction materials.

Carl has always believed that success begins with hard work.  He started mowing orange groves for his father at the age of 8 and continued working for his father’s construction company through high school. Carl took extra classes throughout high school and graduated from high school at age 16.  While working two jobs in college, he saved enough money to attend law school without applying for a student loan.  He has developed residential and commercial real estate projects and understands the day to day frustrations faced by small business owners.

Carl is a licensed Certified Building Contractor in Florida and is a licensed attorney in the State of Texas. In addition, he is admitted to practice before all Immigration Courts in the United States and the Board of Immigration Appeals, as well as all Tax Law Courts in all fifty states.  His unique background and qualifications have enabled him to guide foreign investors through the process of doing business in the United States.  Carl’s hobbies are scuba diving, boating, and rescuing animals.

To schedule a free initial consultation today with a Naples immigration lawyer, call the Rothrock Law Firm at (239) 330-2534.

Map of Naples Office: 11983 Tamiami Trail N #123, Naples, FL 34110

601 Waivers

601 Waivers | Rothrock Immigration Lawyer – Naples, Fort Myers, Boca Raton

601 Waivers | Ft Myers Immigration Lawyer Carl RothrockCarl Rothrock is an immigration lawyer in Fort Myers, Florida, who files I601 waivers for unlawful presence, fraud, and criminal convictions.  United States immigration law lists several reasons why a foreign citizen cannot enter the United States or obtain a green card.  The 601 waiver forgives the act. An immigrant may file a waiver for different reasons.

Types of 601 Waivers

  • Waiver for health reasons:  The immigrant may file a 601 waiver for  failure to get immunized.  In addition, the immigrant may file a 601 waiver for having a communicable disease.
  • Waiver for criminal records: The immigrant may file a 601 waiver for committing a crime; however, the government will not grant the waiver for most drug offenses.
  • Waiver for Misrepresentation or fraud:  The applicant may file a 601 waiver for making false statements on a visa application. Further, this type of waiver covers false statements at interviews.
  • Waiver for Unlawful Presence.  The applicant may file a 601 waiver for entering the United States without a valid visa. The I601A waiver is unique because the applicant does not need to leave the country while the application for waiver is pending.

The filing of an I601 waiver is very complicated.  The request is typically accompanied by hundreds of pages of supporting documentation.  The chief reason the government denies waiver applications is lack of documentation.  The Rothrock Law Firm has represented thousands of clients from more than 100 countries and has successfully obtained waivers for clients. If you are looking for a 601 waiver attorney or 601A waiver attorney in Ft Myers or Naples, call Carl Rothrock at 239-206-2363.

Citizenship

Citizenship | Fort Myers Immigration Lawyer Carl Rothrock | Naples | Fort Myers

Citizenship | Fort Myers Immigration Lawyer Carl Rothrock

Carl Rothrock is a Fort Myers Immigration Attorney who files citizenship applications.

Carl Rothrock is a Fort Myers immigration attorney who has successfully filed thousands of citizenship applications.  He has offices in Fort Myers, Naples, Cape Coral, Boca Raton, Miami, and Ft. Lauderdale.  The pathway to United States citizenship starts with a visa.  After obtaining a green card, the green card holder then files a petition for naturalization so that he or she can become a United States citizen.

Requirements for Citizenship

  • The applicant must be a permanent resident.
  • The permanent resident must be at least 18. 
  • The green card holder must have physical and continuous presence in the U.S. for a specified period.  
  • The applicant must pass a civics exam;
  • The green card holder must be proficient in English;
  • The permanent resident must possess good moral character.

Benefits of Naturalization

  • A permanent resident is not required to become a citizen and may reside in the United States indefinitely as a permanent resident.
  • A citizen can vote in national and local elections, but a permanent resident cannot vote in U.S. elections.
  • A citizen can exit and enter the U.S. without any regard to time spent outside of the U.S. Permanent residents could risk losing their green cards if they leave the U.S. for extended periods of time.
  • A U.S. citizen can sponsor a parent for a green card. A permanent resident cannot.

If you wish to become naturalized, call Rothrock Immigration Lawyer today at (239) 206-2363.