EB-2: Exceptional Ability

In order to qualify for an Exceptional Ability EB-2, an individual must be able to show exceptional ability in the sciences, arts, or business.  Exceptional ability is defined by USCIS as having “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business”.

An Exceptional Ability EB-2 requires three (3) of the following:

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to  your area of exceptional ability
  • Letters documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable

Employment-based, second-preference petitions must generally require an approved individual labor certification from the Department of Labor. In order to qualify for an Exceptional Ability EB-2 visa, an individual’s employer must file the petition. The Manne Law Firm can help employers interested in filing an EB-2 petition. Please contact us to learn more and to schedule a consultation.