The EB-2 Exceptional Ability Visa is designed for individuals with exceptional ability in the sciences, arts (including athletes and entertainers, as per USCIS policy), or business. This may be necessary for some individuals when they are not eligible under the requirements for an EB-2 Advanced Degree Visa or Schedule A.This visa category allows qualified individuals to pursue permanent residence in the United States if they can demonstrate expertise significantly above the ordinary in their field of endeavor.

Key Requirements for EB-2 Exceptional Ability

To qualify for the EB-2 Exceptional Ability Visa, applicants must provide evidence meeting specific regulatory criteria. USCIS requires that applicants demonstrate their exceptional ability by satisfying at least three of the following six evidence types:

1. Academic Credentials
   A degree, diploma, certificate, or similar award from a recognized educational institution in the field of exceptional ability.
2. Professional Experience
   At least ten years of full-time experience in the field.
3. Licensure or Certification
   If required for the profession, a license or certification to practice.
4. High Remuneration
   A high salary or other significant remuneration, demonstrating exceptional ability.
5. Professional Memberships
   Evidence of membership in professional associations that require exceptional ability for admission.
6. Industry Recognition
   Documentation of significant achievements or contributions in the field, acknowledged by peers, government entities, or professional organizations.

The Final Merits Determination

Meeting three of the six regulatory criteria is only the first step. USCIS is then required to conduct a “final merits determination” based on the precedent set in Matter of Kazarian (596 F.3d 1115 (2010)). This step involves evaluating the totality of the evidence to determine whether the applicant is at the very top of their field of endeavor.

Additional Requirements: Prospective Benefit to the U.S.

Applicants must demonstrate that their work will “substantially benefit prospectively” the U.S. economy, cultural interests, educational interests, or welfare. This is typically shown by:

• Providing evidence of a track record of achievements.
• Explaining how those achievements indicate future contributions and success.

National Interest Waiver (NIW)

For individuals whose work is in the U.S. national interest, the labor certification process may be waived through the National Interest Waiver. This pathway requires demonstrating:

1. The substantial merit and national importance of the applicant’s work.
2. The applicant’s ability to advance their proposed endeavor.
3. The overall benefit to the U.S. of waiving the labor certification requirement.

Job Offer and Labor Certification Requirement

Unless an applicant qualifies for a National Interest Waiver, the EB-2 Exceptional Ability Visa requires a valid job offer and an approved labor certification. The labor certification process ensures that employing the foreign worker will not negatively impact U.S. workers.

Why Choose Us?

Our board-certified immigration attorney has extensive experience navigating the complexities of EB-2 applications. We specialize in preparing and documenting comprehensive evidence to ensure a strong case for USCIS review.  For more information about whether this EB-2 Visa category is the best option for you, please contact our board certified immigration attorney to discuss your case today.