You want to live and work in the United States. One way you can do that is by being exceptional in your field and obtaining an EB2 – National Interest Waiver. Then, you can pursue getting citizenship while you’re living in Charlotte.
Here are some frequently asked questions about the EB2, as well as information on hiring an immigration attorney to help you obtain one.
What Is the EB2 – National Interest Waiver?
The EB2 – National Interest Waiver (NIW) is a U.S. immigrant visa you can receive through showing that you will be a benefit to the United States either through your own exceptional ability in your field or having an advanced degree and showing that the work you do benefits the national interest of the Untied States. Generally to get an employment based (“EB”) immigrant visa you need to go through the labor certification process, called PERM, and have a job offer from an employer willing to sponsor you. However, with the NIW you can self-petition and do not need an employer to sponsor you or go through the lengthy PERM process.
How Do You Qualify for the EB2?
To qualify for the National Interest Waiver, you need to either be a professional with a graduate university degree (master’s or higher) and that the work you do is in the national interest of the U.S. or have exceptional abilities in the arts, sciences, or business. If you qualify based on your exceptional ability, you will not have to go through the PERM process or have a job offer.
What Are the Criteria to Waive the Employment Requirement?
If you qualify for the EB2 because you are exceptional in your profession, you will need to meet at least of three following criteria as set by the USCIS:
- You have a degree and it relates to your specialty area
- Letters from former or current employers showing at least 10 years of full-time experience in your field
- Membership in a professional association, or more than one
- A license or certification in your field
- Recognitions of your achievement in your field
- Other qualifications that are comparable to the above
What Does Advanced Degree Mean?
An advanced degree can mean a doctorate or a Master’s – or it can mean a bachelor’s degree followed by at least five years of progressive experience in your field, which is equivalent to a Master’s degree.
Will Family Members Be Included?
If your I-140 petition is approved for your EB2, then your spouse, as well as unmarried children under 21 years of age, might be eligible to apply for E-21 and E-22 immigrant status.
How Do You Apply for the EB2?
You will need to fill out the Form I-140, called the “Immigrant Petition for Alien Workers,” either on the USCIS’s website or by mail. The filing fees are $700. It will take about eight to twelve months to process. But if you are going through PERM, that could take anywhere from eight months to two years. It’s best to get started as soon as possible.
Do You Need an Immigration Attorney to Help You?
It’s a good idea to consult with an immigration attorney to assist you with your EB2 application. You will ensure you’re filling it out right, saving you time and energy. Plus, it can speed up the process. This process can be confusing; an attorney will be able to answer any questions you have and make you feel like you have someone in your corner at this time.
Contact The Fogle Law Firm, LLC
Need help with obtaining an EB2 – National Interest Waiver in Charlotte? Contact immigration lawyer The Fogle Law Firm, LLC today at (704) 405-9060 to learn more, or visit our website. We are happy to assist you with all your legal immigration needs.