Employment Based Immigrant Visas in Tampa, FL

National Interest Waivers (NIW):

A National Interest waiver is available under INA §203(B)(2)(B). The employer or the applicant can sign the petition. Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). To qualify for the waiver, the Beneficiary must submit an ETA-9089 with a statement supporting the waiver claim. 8 CFR §204.5(k)(4)(ii). The waiver is only available for EB-2 petitions. In Dhanasar, the AAO issued new categories for the waiver. Under the ruling, the applicant must show 1) the proposed endeavor has national importance and substantial merit; 2) he or she is well positioned to advance the endeavor; and 3) it would be beneficial for the United States to waive the labor certification. Dhanasar, at 889 no. 9.

Physicians may qualify for a Physician National Interest Waivers (PNIW). International medical graduates (IMGs) are precluded from entering the United States. However, the ground of inadmissibility does not apply in these situations:

1. Applicant possess a certificate from the Educational Commission on Foreign Medical Graduates, is competent in English and the clinical skills assessment examination.  8 CFR §214.2(h)(viii)(B);
2. Doctor of International or national renown;
3. Not entering the United States to become a doctor, including professors, persons entering under another preference category, or when he or she enters as an asylee.

Under INA §203(b)(2)(B)(ii) if the physician is entering the United States under an offer of employment, the physician must obtain a labor certification or a national interest waiver. Some physicians may work in an undeserved area to overcome the J-2 2 years requirement. To obtain this benefit, the physician must show 1) he or she 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) must work in the area for 5 years before he o she becomes eligible for adjustment of status or immigrant visa. 8 CFR §214.2(a)-(c).

A foreign medical graduate may also apply under the regular labor certification process. 8 CFR §214.2(a)-(c).

Third Preference Employment Category (EB-3) INA §203(b)(3)

This category incudes three types of immigrants:

1. Professionals: Holder of Baccalaureate degree or foreign equivalents and professionals
2. Skilled workers: for immigrants who with full time job offers and which requires at least two years of training or work experience
3. Other workers

A labor certification is needed for these immigrants. A National Interest Waiver is not available but some of these occupations may fall under Schedule A.

Fourth Preference (EB-4) Special immigrants under INA §203(b)(4)

This category includes several immigrants, including returning residents, persons reacquiring United States citizenship and Religious workers.

Returning residents are those who did not abandon their residence but do not have a valid I-551 card. The resident would file form DS-117 with all supporting evidence to show that she did not abandon her residence. She would be issued and SB-1 Immigrant Visa. This category also includes commuters from borders who are Lawful Permanent Residents who live in Canada or Mexico and commute to the United States. Time spent outside on commuter status does not could for naturalization purposes.

Religious Workers include ministers or religious workers who:

1. For 2 years immediately preceding the petition has been a member of a religious denomination that has a bona fide, non-profit, religious purposes;
2. The person seeks to enter the US to work for at least 35 hours as a minister or a religious worker; and
3. The person has been working as a minister or a religious vocation in the United States or abroad for at least two years immediately preceding the petition. The two years do not have to be in legal status. Once the 2 years is established and the I-360 is approved, the person may adjust if he has been out of status for less that 180 days. Some breaks in the 2 years are allowed as long as 1) the applicant was still employed in a religions denomination 2) the break did not exceed 2 years 3) the purpose was to further religious education 4) the applicant was still a member of the denomination. The employment must be either full time or continuous. To meet the 2 years requirement the person should have been compensated.

Special Immigrant Juveniles (SIJ) are also included in this category. This is a hybrid between state dependency laws and the immigration laws of the United States. The requirements for this type of classification are as follows:

1. The child has to be under 21 at the time of filing the I-360
2. Has been declared dependent by a state court before he turned 18
3. Whose reunification with one of his or her parents is not a viable option, and
4. In his or her best interest not to be retuned to the parent’s country of citizenship

Please call us if you have any questions regarding these categories.

• For Naturalization and Citizenship
• Family Based Immigrant Visa Petitions