Tag Archives: EB2 visa

EB2 Visas

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

Carl Rothrock EB2 attorney
Carl Rothrock, EB2 lawyer

EB2 Visas.  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 Visas: 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 EB2 visas  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 Visas: 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.

Work Visas

Work Visas | Rothrock Immigration Lawyer | Naples | Fort Myers | Boca Raton

Work Visa USA | US Immigration Lawyer Carl Rothrock

Immigration Attorney Carl Rothrock standing in front of the bar he rebuilt after Hurricane Charlie. Carl is a licensed Florida Contractor in addition to being a licensed attorney. He understands the day to day struggles of the small business owner.

Carl Rothrock is a U.S. business immigration attorney who has successfully filed work visas for applicants from all over the world. He has offices throughout Florida, including Naples, Fort Myers, Miami, and Boca Raton.  He has filed thousands of cases, including EB1, EB2, NIW, EB3, H1B, L, and TN applications.  In addition to being a licensed attorney, Carl is also a licensed Florida Building Contractor and has developed several real estate developments throughout Florida. As a small business owner, he understands the frustrations of the small business owner. Good workers are hard to find, and they are harder to keep. Many foreigners want to achieve the American dream and will work hard to prove themselves. They bring with them richness and culture of their countries and are eager to please their employer if given a chance.

Permanent Work Visas

An employer may sponsor an employee for a permanent job.  The permanent residence card is also known as a “green card.”  If the petition is approved, the employee’s spouse and children under 21 may also receive green cards.  There are three primary categories of business visas.  The first is the “EB1,” visa.  The second is the “EB2” visa.  The third is the “EB3” visa.  The government limits the number of visas each year in each category by country of citizenship as well as type of visa.  Some of these categories require the applicant to have a job offer while others do not. Visit our pages for these visas to learn more.

Temporary Work Visas

In addition to sponsoring an employee for permanent residence, an employer may sponsor an employee to work for a temporary duration.  Most categories require the employee to hold a professional degree, license, or high level of skill.  Common types of temporary visas are the TN Visa, the E1 and E2 treaty visas, the L visa, the O visa, the P visa, and the H1B visa. The employee’s spouse and children under 21 may accompany the employee to the United States.  Many foreigners enter the US. under the temporary work visa until they can locate an employer who will sponsor them for permanent employment. The Rothrock Law Firm has counseled many clients to achieve this goal.

Work Visas for Unskilled Laborers

The U.S. government allots a very small percentage of permanent work visas for people who have unskilled labor. If people who work unskilled jobs wish to gain permanent residents in the United States, they often enter the United States to work temporarily. Eventually, they meet and marry a U.S. citizen. Once they marry a citizen, they obtain a green card through marriage.  The H2B program and the J1 Exchange program allow unskilled workers to find temporary work in the United States. At this time, it is very difficult to find permanent employment in the U.S. through a work visa for unskilled workers.

Schedule a Consultation with an Experienced Immigration Attorney Today

Carl Rothrock is an experienced Florida immigration lawyer with offices in Naples, Fort Myers, and Boca Raton, Florida.   He has been licensed to practice law since 1989 and has successfully filed business visa applications for people all over the world.  Mr. Rothrock is admitted to practice before all Immigration Courts in the United States.  He provides representation to clients within and outside the U.S.  To schedule a free initial consultation, call Rothrock Immigration Lawyer today.