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 EB-2
Category: Individual With Exceptional Ability
For most individuals who will immigrate by
way of a job offer, a permanent job offer is needed as well
as an approved labor certification from the Department of
Labor. However, certain individuals, such as those with "exceptional
ability" are given priority in processing. Individuals
who qualify are allowed to bypass the labor certification
process, and visas are immediately available for them. "Exceptional
ability" in the sciences, arts, or business means a degree
of expertise significantly above that ordinarily encountered
in the sciences, arts, or business. An individual
with "exceptional ability" is defined as follows:
- Must be in the sciences, arts or business
- Must meet 3 of 6 criteria as outlined below
To qualify as an individual with
exceptional ability, documents must be provided in three of
the following six areas:
- Degree, diploma, or certificate.
An official academic record showing that the alien has a
degree, diploma, certificate, or similar award from a college,
university, school, or other institution of learning relating
to the area of exceptional ability.
- Ten years of experience.
Evidence in the form of letter(s) from current or former
employer(s) showing that the alien has at least ten years
of full-time experience in the occupation for which he or
she is being sought.
- License or certification to practice.
A license to practice the profession or certification for
a particular profession or occupation.
- High salary. Evidence
that the alien has commanded a salary, or other renumeration
for services, which demonstrates exceptional ability.
- Membership in professional associations.
Evidence of membership in professional associations.
- Recognition by others.
Evidence of recognition for achievements and significant
contributions to the industry or field by peers, governmental
entities, or professional or business organizations.
Note: If the above standards do not readily apply to the
beneficiary's occupation, the petitioner may submit comparable
evidence to establish the beneficiary's eligibility.
EB-2: Exceptional ability and National Interest
Waiver (NIW):
Professionals holding advanced degrees and with
exceptional ability in the arts, sciences or business. Although
this category requires an employer, a job offer and labor
certification, the Attorney General may waive this requirement
if the work by the alien is in the "national interest".
To an extent perhaps unparalleled in any other
area of employment based immigration, identification of the
national interest requires creativity and most importantly,
the ability to consider a range of cross-disciplinary factors
which would establish that the alien's professional capabilities,
personal interest and overall employment opportunities will
benefit US national interest.
National interest waiver means waiver of job
offer requirement and hence no labor certification is necessary.
To qualify for national interest waiver, the
individual's work must benefit the US in the national interest.
The term "national interest" is not defined in the
statute.
To qualify for NIW for professionals holding
advanced degrees, the applicant must establish that his/her
admission to the U.S. will be on national interest by showing
that he/she can contribute to the U.S. in one or more of the
following ways. (Applicants who are already in the U.S. on
non-immigrant visa status like student visa (F visa), non-immigrant
work visa (H visa) etc. can qualify under this category)
- Improving the U.S. economy
- Improving wages and working conditions of
U.S. workers
- Recognition for achievements and significant
contributions to the industry, professional or business
organization
- License to practice profession
- Applicant has commanded a salary or remuneration
demonstrating exceptional ability
- Membership in professional association
In order to support and establish these requirements,
you need to met at least three of the following criteria:
- Advanced degree relating to the area of
exceptional ability
- Letters of recommendation from current
or former employers showing at least 10 years of experience
- Improving education and training programs
for U.S. children and under-qualified workers
- Improving health care
- Providing more affordable housing for younger
and /or older, poorer U.S. residents
- Improving the environment of the United
States and making more productive use of natural resources
- Improving international cultural understanding
and /or
- A request from an interested U.S. agency
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