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Explore our post archive to find essential information on U.S. immigration law. In this section, we offer a wide collection of articles, legal updates, and specialized resources. As a law firm representing immigrants across all fifty states, our goal is to provide you with the knowledge and guidance necessary to navigate your employment processes and humanitarian cases with complete confidence.

T Work Visas and Modern Slavery in the United States

November 1, 2023 12:00 AM

by Alicia Atteberry “The American dream is a powerful pull for destitute and desperate people worldwide, and where there is need, there is greed from those who will try to exploit these willing workers for their own obscene profits.” In November 2021, US federal agents raided a blueberry farm in Georgia as part of an operation called

What are the benefits of the EB-2 National Interest Waiver?

October 25, 2023 12:00 AM

por Natalie McQuilkin ¿Es usted un ciudadano extranjero con un título avanzado o una licenciatura y experiencia de posgrado? ¿O has sido el cerebro detrás de proyectos importantes en tu campo? ¿Su trabajo en los Estados Unidos serviría al interés nacional del país? Si respondió afirmativamente a cualquiera de estas preguntas, lo más probable es que sea un candidato probable

The EB-2 National Interest Waiver (NIW) is a specific immigrant visa category that allows individuals with advanced degrees or exceptional abilities in their field to obtain a U.S. green card without requiring a job offer from a U.S. employer or a labor certification. Its primary benefit is bypassing the often lengthy and complex labor certification process, which can be a significant hurdle for many employment-based visa applicants. Here are the key benefits of the EB-2 National Interest Waiver: 1. No Job Offer or Labor Certification Required: This is the most significant advantage. Unlike most other employment-based green card categories (like EB-2 with a job offer or EB-3), you do not need a U.S. employer to sponsor you for the NIW. You also don't need to go through the PERM labor certification process, which involves testing the U.S. labor market to prove no qualified U.S. workers are available for the position. This can save a substantial amount of time and effort. 2. Self-Petitioning: Because no employer sponsorship is needed, you can self-petition for the EB-2 NIW. This means you have direct control over the application process. 3. Significant Contributions to the U.S.: The core of the NIW is demonstrating that your work is in the national interest of the United States. If you can prove this, the government waives the standard requirements. This allows individuals whose contributions are deemed vital to the country's welfare, economy, education, healthcare, technology, or other critical sectors to immigrate. 4. Flexibility in Future Employment: Once you obtain your green card through the NIW, you are not tied to a specific employer or position. You have the freedom to work for any employer, start your own business, or pursue different opportunities within your field in the U.S. 5. Faster Processing (Potentially): While not guaranteed, bypassing the labor certification process can sometimes lead to faster adjudication of the I-140 petition compared to other employment-based categories that require PERM. However, overall processing times will still depend on USCIS caseloads and visa availability. 6. Eligibility for Advanced Degrees or Exceptional Ability: The EB-2 category itself has two main subcategories: * Advanced Degree: You possess an advanced degree (Master's or higher) or a Bachelor's degree plus at least five years of progressive work experience in your field. * Exceptional Ability: You have exceptional ability in the sciences, arts, or business, which is demonstrated by a level of expertise significantly above that ordinarily encountered in the field. 7. Broad Definition of "National Interest": The definition of "national interest" is broad and can encompass many fields. USCIS has stated it can include areas such as: * Improving the U.S. economy. * Advancing education. * Improving healthcare. * Promoting scientific or technological innovation. * Promoting U.S. culture (e.g., artists). * Creating jobs. In summary, the EB-2 National Interest Waiver is a powerful option for highly qualified individuals who can demonstrate that their work will significantly benefit the United States. Its main draw is the elimination of the need for employer sponsorship and the labor certification process, offering a more direct path to a U.S. green card.

October 25, 2023 12:00 AM

by Natalie McQuilkin Are you a foreign national with an advanced degree or a bachelor’s degree and post-graduate experience? Or have you been the brains behind important projects in your field? Would your work in the United States serve in the national interest of the country? If you answered yes to any of these questions, chances are, you’re a likely

What is the EB-2 National Interest Waiver Visa?

October 18, 2023 12:00 AM

por Natalie McQuilkin Cada año, desde el 1 de octubre hasta el 30 de septiembre del siguiente año (año fiscal), los Estados Unidos proporcionan 140,000 visas basadas en el empleo para ciudadanos extranjeros. Aproximadamente 40,000 de estas visas caen bajo la categoría de segunda preferencia basada en el empleo (EB-2). La Exención de Interés Nacional EB-2 (NIW, por sus siglas

What is the EB-2 National Interest Waiver?

October 18, 2023 12:00 AM

by Natalie McQuilkin Each year from October 1 to September 30 of the next year (Fiscal Year), the United States provides 140,000 employment-based visas for foreign nationals. Roughly 40,000 of these visas fall under the employment-based second preference (EB-2) category. The EB-2 National Interest Waiver (NIW) allows professionals with advanced degrees, professionals with a bachelor’s degree plus five years of

How Do I File A PERM Labor Certification?

September 19, 2023 12:00 AM

by Natalie McQuilkin In our past business blogs, we’ve covered the bases for what a PERM labor certification is, what the certification’s benefits are, and what the sponsorship’s most common industries and jobs are . If you’re a business owner, you’re probably left with one final question: How do I file a PERM? In this post, we’ll take a deep dive