Yes. However, the individual must possess a Federal Employer Identification Number (FEIN).
EB-2 Visa
Does the USCIS examine other factors in granting a National Interest Waiver?
Yes. the USCIS will examine the following factors: whether the U.S. economy will benefit from the foreign individual’s admission; whether the foreign individual’s admission will improve the wages and working conditions of U.S. workers; whether the foreign individual’s admission will improve the education and programs for U.S. children and underqualified workers; whether the foreign individual’s… Read More
What are the threshold requirements to file a National Interest Waiver?
The proposed employment must be in an area of substantial intrinsic merit; the proposed benefit to the economy must be national in scope; and the national interest would be adversely affected if labor certification were required.
What is a National Interest Waiver?
The USCIS may waive the requirement for a certified labor certification if it is in the national interest of the United States. This is termed a ‘national interest waiver’.
What are the requirements to file a National Interest Waiver Immigrant petition?
The USCIS may waive the requirement for a certified labor certification if it is in the national interest of the United States. The USCIS may waive the requirement of an employer or job offer. The petitioner can be a U.S. employer (company or individual) or a foreign individual that can self-petition. The foreign individual must… Read More
Can a U.S. employer file an Immigrant Petition without an attorney?
Yes. The immigration regulations do not require a U.S. employer to use the services of an attorney.
Can a foreign worker’s spouse and/or child(ren) depart the United States while the permanent residence application is pending?
Yes. An Application for Travel Document (form I-131) can be filed in the United States by the foreign worker’s spouse and/or child(ren) with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Advanced Parole Document to allow the foreign worker to depart and re-enter the… Read More
Can a foreign worker depart the United States while the permanent residence application is pending?
Yes. An Application for Travel Document (form I-131) is filed in the United States by the foreign worker with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Advanced Parole Document to allow the foreign worker to depart and re-enter the United States while the… Read More
Can a foreign worker’s spouse and/or child(ren) work legally before obtaining permanent residence?
Yes. An Application for Employment Authorization (form I-765) can be filed in the United States by the foreign worker’s spouse and/or child(ren) with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Employment Authorization Document (EAD) to allow the foreign worker’s spouse and/or child(ren) to… Read More
Can a foreign worker work legally before obtaining permanent residence?
Yes. An Application for Employment Authorization (form I-765) is filed in the United States by the foreign worker with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Employment Authorization Document (EAD) to allow the foreign worker to work legally in the United States until… Read More
