Tampa, FL Second Preference EB-2 Visa Attorney 

To qualify for the waiver, the beneficiary must submit an ETA-9089 with a statement supporting the waiver claim. The waiver is only available for EB-2 petitions. 

Under new categories for the waiver, the applicant must show 1) the proposed endeavor has national importance and substantial merit, 2) they are well-positioned to advance the endeavor, and 3) it would be beneficial for the United States to waive the labor certification. 

Physicians may qualify for a Physician National Interest Waiver (PNIW). International medical graduates (IMGs) are precluded from entering the United States. 

However, the ground of inadmissibility does not apply in these situations:

• Applicant possesses a certificate from the Educational Commission on Foreign Medical Graduates, is competent in English, and the clinical skills assessment examination. 
• Doctor of International or national renown.
• Not entering the United States to become a doctor, including professors, persons entering under another preference category, or when they enter as an asylee.

If a physician is entering the United States under an offer of employment, the physician must obtain a labor certification or a national interest waiver. 

To obtain this benefit, the physician must show 1) they must work in a health shortage area or for the VA, 2) a federal or state agency must determine that the employment would be in the national interest, and 3) they must work in the area for five years before they become eligible for adjustment of status or immigrant visa.

A foreign medical graduate may also apply under the regular labor certification process.

Entrepreneurs

Entrepreneurs can qualify for an EB-2 Second Preference visa under certain conditions. The specific conditions and requirements may vary, but one possible route is through the National Interest Waiver (NIW) category.

To qualify for an EB-2 visa as an entrepreneur, individuals must demonstrate exceptional ability or hold an advanced degree in a profession relevant to their entrepreneurial endeavors. They must also show that their work is in the national interest of the United States.

The NIW allows foreign entrepreneurs to self-petition for an EB-2 visa, bypassing the usual requirement of a job offer and labor certification. By demonstrating that their entrepreneurial activities will significantly benefit the United States, entrepreneurs can qualify for permanent residency (a green card) through the EB-2 process.

Contact American Dream^® Law Office for Visa Help Today

It's essential to consult with an immigration attorney to understand the eligibility criteria and requirements for anyone applying for an EB-2 visa. The process can be complex, and professional guidance can help you reach a successful conclusion. The team at our firm is dedicated to immigration law and is here to help you achieve your goals.

Contact us at (813) 499-1250.