Another Legal Path to Qualify for a Green Card
I often get this question from my prospective clients: Attorney Akin, as an accomplished professional, how can I qualify for a Green Card under the second preference immigrant classification (EB-2)?
Before I start the national interest waiver (NIW) analysis, I have to first ensure that my client meets the underlying eligibility requirements, which can be met in multiple ways: here, I want to focus on the exceptional ability category.
As an accomplished professional in Nigeria (or a legal nonimmigrant currently in the United States or living outside the U.S.) who is considering immigrating to the United States (and, of course, with your wife and children who are below the age of 18), an IMMIGRANT visa (a permanent resident card, colloquially known as a Green Card) is my recommended option for you. You, a petitioner who has an exceptional ability, should consider an EB-2 (NIW). With this option (EB-2 - NIW), you do not need an EMPLOYER/OFFER/LABOR CERTIFICATION, as required by other categories/sub-categories.
8 CFR §204.5(k)(3)(ii) codifies the required proof of eligibility, and you only need to satisfy three of the following six evidentiary criteria:
Degree relating to area of exceptional ability;
Letter from current or former employer showing at least 10 years of experience;
License to practice profession;
Person has commanded a salary or remuneration demonstrating exceptional ability;
Membership in a professional association;
Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Please note that prospective clients are those who have a degree of expertise significantly above that ordinarily encountered.
For a free consultation, please send your resume/cv to info@akinalaw.com
Or you can contact the attorney in charge of The Law Office of Akintunde F Adeyemo, PLLC:
Akintunde F. Adeyemo, Esq.
Attorney, Counselor & Solicitor
734-318-7053 (Call, Text, Including WhatsApp)
Email address: info@akinalaw.com
Website: www.akinalaw.com
The information in this article is for general information purposes only. Nothing in this post should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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