In this video attorney Jacob Sapochnick discusses an EB-2 National Interest Waiver success story involving a client who was able to obtain a green card without an employer based on his background as a foreign national with an exceptional ability.
The EB-2 category allows a person to apply for a green card without an employer, as long as certain criteria are met.
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
- Letters documenting at least 10 years of full-time experience in your occupation
- A license to practice your profession or certification for your profession or occupation
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
- Membership in a professional association(s)
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
- Other comparable evidence of eligibility is also acceptable.
Our case study involves a foreign national who was working in the United States on an E-2 investor visa. The client in question was operating a bakery in the United States and introduced technological innovations to improve production. Our client’s ultimate goal was to become a permanent resident. Because the E-2 visa does not provide a foreign national with a pathway to permanent residence, our client had to seek an alternative visa. After meeting with our client, we decided that the best alternative for him was to transition from the E-2 visa to EB-2 and apply for the National Interest Waiver.
The National Interest Waiver was suitable for our client because he had the academic credentials to support his application, as well as the exceptional ability required by the NIW. We were able to provide recommendation letters from his peers, and documentation evidencing his extensive experience in the business.
The NIW was successful, and the client and his family members were able to apply for a green card.