EB-2: Exceptional Ability

You may be able to qualify for U.S. Permanent Residency under the EB-2 category for individuals with "EXCEPTIONAL ABILITY", if you can establish that you have "EXCEPTIONAL ABILITY" in your specialty based on the USCIS criteria, AND you have a job offer from a U.S. employer in your field (UNLESS you obtain a National Interest Waiver of the job offer).

A key advantage is that if you qualify for a National Interest waiver of the job offer, you do not need to go through the Labor Certification process, thereby making the process considerably faster than the EB-3 category, and you may also be able to self-petition (if you obtain the National Interest waiver of the job offer).

To be eligible for the EB-2 "EXCEPTIONAL ABILITY" category, you must meet the following qualifications:

FIRST:

• you must have Exceptional ability in the sciences, arts, or business, which is defined as "a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business," and to show that you have exceptional ability in the sciences, arts, or business, the petition must be accompanied by evidence that shows at least three of the following:

1. you have a degree, diploma, certificate, or similar award from an institution of learning relating to the area of exceptional ability
2. you have at least 10 years of full-time experience in the relevant occupation;
3. you have a license to practice the profession or certification for a particular profession or occupation;
4. you have commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
5. you are a member of a professional association;
6. you have attained recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations
   
   If the above standards do not readily apply to your occupation, comparable evidence may be submitted to establish your eligibility.

SECOND:

• you must have a U.S. employer who intends to employ you, which must have obtained a LABOR CERTIFICATION on your behalf;

OR

• you must have obtained a WAIVER of the labor certification in the national interest.

Note that if you are a health care worker, it may be necessary for you to obtain the necessary health care certification (e.g., Commission on Graduates of Foreign Nursing Schools (CGFNS)).