EB-2 National Interest Waiver Lawyers in Seattle
Helping Clients Qualify for an Employment Visa to the USA
If you hold an advanced degree in the medical field or a similar field or have extraordinary abilities in a certain area but have been unable to qualify for an EB-1 visa, the EB-2 visa may be an option for you – especially if you can obtain a National Interest Waiver. The attorneys at Stelmakh & Associates, LLC explain how the EB-2 visa works and who can obtain a National Interest Waiver to make their application process faster and easier. If you have visa or immigration questions, contact the legal team at Stelmakh & Associates, LLC by calling our Seattle office at 206-558-6288.
What Is the EB-2 Visa?
The EB-2 visa is a second preference, employment-based immigrant visa meant for professionals with an advanced degree or persons who can demonstrate exceptional ability in sciences, arts, or business. Normally, both categories of the EB-2 require a labor certification and a written job offer. Physicians applying for an EB-2 may also be required to submit special certifications.
In general, professionals applying for the EB-2 based on their advanced degrees have considerable experience and job skills but do not qualify for an EB-1 visa. Doctors, healthcare workers, nurses, and members of other professions that require a degree higher than a bachelor’s degree. Those applying for an EB-2 based on extraordinary abilities should meet at least three of the seven criteria listed by the USCIS, such as being a member of a professional association, having a license to practice their profession, and having official academic records proving that you have a degree from a higher learning institution, college or university.
What Is the Difference Between the EB-2 and the EB-2 NIW Visa?
As mentioned above, the employment-based second preference immigrant visa (EB-2) is reserved for individuals holding advanced degrees or for those who possess exceptional ability. Generally, EB-2 petitions must be accompanied by an approved labor certification from the Department of Labor as well as a standing job offer letter from an employer in the United States.
This lengthy process, however, can be waived by requesting a National Interest Waiver (NIW). A NIW permits an individual who qualifies under either EB-2 sub-categories (advanced degree or exceptional ability) to self-petition for a green card without having to test the labor market if they can prove that waiving the requirement to test the labor market is in the national interest.
Who May Apply to Receive an EB-2 NIW Visa?
A National Interest Waiver may be available to EB-2 applicants with advanced degrees, exceptional abilities in arts, sciences, or business, or eligible physicians. Individuals with advanced degrees, such as scholars, Ph.D. students, and non-tenure professors, may apply for an EB-2 NIW if they can demonstrate that their proposed activity will have a national scope, substantial merit, and national importance and that their employment will benefit the nation as a whole. They should also demonstrate that they are well-positioned to advance the proposed endeavor and that it would be beneficial to the United States to waive the requirements of a job offer and, thus, the labor certification.
Physicians may apply for an EB-2 NIW if they can demonstrate that they intend to work in an underserved area of the country for a period of 3 to 5 years. In addition, they should also provide attestation to a state department or federal agency showing that they are qualified to do the job and that they intend to work in one of the following areas: Health Professional Shortage Area (HPSA), Medically Underserved Area (MUA), Physician Scarcity Area (PSA), Mental Health Professional Area (MHPA) or a Department of Veterans Affairs facility.
How Can an Attorney Help Me Qualify for an EB-2 NIW Visa?
In general, an application for an EB-2 NIW visa needs to be well-crafted and written in a way that supports the applicant’s argument that their work benefits the United States. If you are considering applying for an EB-2 NIW visa, an attorney can play a crucial role in helping you build your argument. For example, you are expected to show that your proposed endeavor is of “substantial merit and national importance.” If your work does not directly benefit the entire country in a geographical sense, you may still argue that it is of national importance if your employment will result in social good for an impacted area, such as an underserved or economically depressed urban or rural area.
By working with a skilled EB-2 NIW attorney such as the ones at Stelmakh & Associates, LLC, you will be better equipped to build a strong argument to show the USCIS you are eligible for a visa and that bringing you to the United States would be beneficial not just for yourself but for everyone who will be positively impacted by your work. Our attorneys have assisted many clients in the process of obtaining an EB-2 NIW visa to the United States, and we are ready to help you as well.
Our team oversees every step of your application – from helping you understand the eligibility criteria and choosing the visa category that gives you the best chances of approval to preparing your application, filling out forms, and writing your argument for an NIW. We will also handle any communications with the USCIS and help you prepare for your interview if needed. The process of obtaining an EB-2 NIW visa can be lengthy as it depends on whether a green card becomes available to you. If you dream of coming to the United States to work on your area of expertise while making a positive impact on other people, there’s no reason to risk having your application denied or causing it to take even longer than it should because of simple mistakes. Let the attorneys at Stelmakh & Associates, LLC handle it for you! Contact us today at 206-558-6288.