Second Preference (EB-2) - Exceptional Ability

The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."  The EB-2 category receives 28.6 percent of the yearly worldwide limit, plus any unused Employment First Preference visas.  

How We Serve Our Clients

Our dynamic and knowledgeable attorneys will consult with you to determine that the nature of the offered position and the foreign candidate's education and professional experience qualify them as for this particular immigrant visa.  We will also recommend possible alternative strategies if the foreign beneficiary's experience renders them ineligible for this visa category.  Our attorneys work closely with both the employer and beneficiary to ensure that the required documents are rendered and all legal issues addressed.  We relieve human resources personnel of the burdensome paperwork requirements by preparing all required forms and supporting documents for submission to the appropriate government departments and agencies.  Our staff is easily accessible by both the employer and foreign beneficiary to answer questions as they arise.

Qualifications For Professionls Holding Advanced Dregree

A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification.

Qualifications For Aliens of Exceptional Ability

In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

1. An official academic record showing 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;
2. Letters documenting at least ten years of full-time experience in the occupation being sought;
3. A license to practice the profession or certification for a particular profession or occupation;
4. Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
5. Membership in professional associations;

Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.   If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.