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" The law office of Jessie Thomas is the reason why and me and my wife are finally united together. Jessie made the entire marriage visa process a cake walk for me. She helped me bring my wife from Iran and I have never been so happy in my life. Thank you for the Swift communication, the hundreds of emails we sent to eachother and being by my side throughout this whole ordeal. We took baby steps and it paid off in the end. It is much appreciated and I just can't fathom doing this with you. Thank you!! "...More

– Fat ZR1
Dallas, TX

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Extraordinary Ability Visa Lawyer - North Texas

National Interest Waivers / Extraordinary Ability Visa Lawyer for the Dallas Fort Worth area

The Immigration Act of 1990 provided a new category for applicants who wish to obtain green cards. This is known as the People of Exceptional Ability and the National Interest Waiver. It simply states that a person can obtain a green card without labor certification if they meet the following criteria:

  • The person must have an extraordinary ability in the arts, business, or sciences AND the person must have skills that are of national interest

This waiver is not filed on an either/or basis. Applicants must meet BOTH guidelines in order to apply for a Visa through this category.

Exceptional ability is defined as any ability that can significantly benefit the national economy, the educational interest, cultural interest, or the welfare of the United States. In order to demonstrate this ability, a person must have a high degree of expertise in an area of business, science or art, and must have at least THREE of the following:

  • College degree or similar recognition related to the area of expertise
  • Evidence of 10+ years of experience in the occupation in question
  • License or certificate allowing the person to practice their area of expertise
  • Evidence of commanded remuneration for the services performed that demonstrates extraordinary ability
  • Membership to professional associations or groups
  • Recognition for accomplishments and contributions to the industry. These can come from peers, professional or business organizations, or the government
  • Evidence that is comparable to the above requirements if the standards above are not applicable to the occupation in question

In addition to proving their extraordinary ability, an applicant must also prove that their skills are part of the national interest. The Immigration Act of 1990 did not clearly define the phrase 'national interest', which is why there are many legal struggles and appeals filed in the process of obtaining the Extraordinary Ability and National Interest waiver.

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Jessie M. Thomas Jessie M. Thomas, Esq.
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