EB-2 Exceptional Ability

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Exceptional Ability
The term “exceptional ability” is defined as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. A foreign national may qualify for an EB-2 visa classification if:
     (a) he or she has exceptional ability in the sciences, arts, or business,
     (b) will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and
     (c) if the alien’s services in one of those fields are sought by an employer in the United States.
In order to meet the exceptional ability standard, at least three (3) of the following six (6) criteria must be met:
  1. 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;
  2. 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;
  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 renumeration for services, which demonstrates exceptional ability;
  5.  Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.(v) Evidence of membership in professional associations; or
  6. If the above standards to not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility.

Petitioners may submit “comparable evidence” to establish an alien’s eligibility in certain cases.

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