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.