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Immigration Q&A - September 12, 2010 From E2 to EB2Id like to know details about the EB2 program. My husband entered the US on an L1 visa and after two years converted it to an E2 which expired in september and was denied due to a mistake made by our lawyer. ( He forgot to send supporting documents with the application). The case was reopened and denied again because the status was no longer valid. He has an MBA from pakistan and has been working as an SEO forover 7 years. He owns 50% of his company shares along with a US citizen who holds the rest. Is it possible for us to qualify for EB2. If yes please let me know if we can come and meet you in person. First of all, if your husband’s nonimmigrant visa status has expired and if he cannot get a new visa status in the US, then he will likely have to leave to country and reenter with a new visa. If he is out of status in the US for more than 180 days, he may be subject to certain bars for returning to the US. Second, your husband’s company will not be able to sponsor him through the PERM program for EB2 classification because he is a part owner in a small company. He’ll have to sell his interest or find another company to sponsor him. Alternatively, he may be qualified for the EB2 National Interest Waiver if he can show that his work has substantial intrinsic merit, will provide a national benefit to the US and that he is substantially more qualified than his peers. I’ll will have my office contact you to see if we can help. |
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The Messersmith Law Firm, P.C. |
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