EB-2 NIW Visa Lawyer in Orlando – RPatel Law
What is EB2 – National Interest Waiver visa?
The EB2 national interest waiver allows an individual to “self-petition” for their own employment visa without applying for the labor certification. The applicant does not need to show a job offer from an employer. This is an attractive option to many foreign nationals with extensive education and work accolades.
Requirements
This special type of visa is a two-step process.
Firstly, an individual must show that he or she holds an “advanced degree” or has an “exceptional ability.” Then, the individual must show that it is in the interest of the United States to waive the job offer and labor certificate.
Step One
Advanced Degree
Applicant must first demonstrate that the area of work or research is a position that requires an advanced degree. An advanced degree is typically those degrees post-bachelorette. If you have a foreign degree, USCIS utilizes the Electronic Database for Global Education (EDGE) in order to determine the validity of the foreign credentials. You may also utilize a bachelor’s degree in conjunction with more than five years of post-graduation work experience in the specialized field as an alternative to an advanced degree.
What is EB2 – National Interest Waiver visa?
A foreign national can also show that he or she possesses exceptional ability in the sciences, arts, or business. The petition must be accompanied by at least three of the following:
- (A) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
- (B) Evidence in the form of a letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought
- (C) A license to practice the profession or certification for a particular profession or occupation
- (D) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability
- (E) Evidence of membership in professional associations
- (F) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations
Step Two National Interest Waiver
In order to show that the applicant is eligible for a waiver of the job offer and labor certificate, it must be demonstrated that the position is in the national interest of the United States; you must show
- (1) that the foreign national’s proposed endeavor has both substantial merit and national importance
- (2) that the foreign national is well-positioned to advance the proposed endeavor
- (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and, thus, of a labor certification If these three elements are satisfied, USCIS may approve the national interest waiver as a matter of discretion. If an applicant is successful in obtaining an EB-2 NIW, it will allow the applicant to obtain an immigrant visa and permanent resident status in the United States, all without the requirement of a job offer and the often-lengthy process of the Department of Labor. If you believe you meet these requirements and like to self-petition for a green card, please contact our office in Orlando today for a confidential consultation.
Employment Visa Immigration Types
Employment Visa EB2-NIW
Employment Visa EB2 status is given if they are members of professions holding advanced degrees or if they are individuals of exceptional ability in the arts, sciences, or business. EB-2 applicants obtain an approved labor certification from the U.S.
Business / Employment Visa H1-B
H-1B visas for individuals in a specialty occupation, which requires highly specialized skills and knowledge and higher education completion. This classification also includes fashion models and government research and development employment.
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Experienced Attorneys
With years of experience across various legal fields, our attorneys are well-equipped to handle complex cases and deliver positive results.
Client-Centered Approach
We listen to our clients, understand their needs, and offer customized solutions for every situation.
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Immigration Types
Family Immigration
When building a new life in the USA, it is crucial that your loved ones can join you. At R Patel Law, our legal team assists immigrants with family-based immigration for a fiancé(e), spouse, children, parents, and other relatives.
Business Visa
R Patel Law Firm’s Florida Business/ Employment Immigration Attorneys can help you apply for certain visas designed for foreign nationals to live and work in the United States.
Investor Visa
At R Patel Law, we understand the unique challenges investors and entrepreneurs face regarding immigration. Our team is here to help you navigate the complex immigration process and achieve your goals.
Removal Defense
Under U.S. law, Asylum may be granted to foreigners who can establish a well-founded fear of persecution if they were returned to their home countries based on particular social group.
Immigration Citizenship
Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA).
Change of Status
Foreign nationals with a non-immigrant visa may have the opportunity to change their status to another category while in the United States. Known as a Adjustment/Change of Status.
Work Permits
All U.S. employers are required to make sure that their employees are legally allowed to work in the United States, regardless of their immigration or citizenship
status.
Immigration Court Cases
Receiving a summons to appear before a judge in immigration court can be intimidating. You may be worried about what to expect and what steps you should take to protect and your family.
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