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, or have a U.S. baccalaureate degree or an equivalent foreign degree and have at least 5 years of progressive post-baccalaureate experience in your specialty, 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 of the EB-2 category is that it tends to have a more current priority date than the EB-3 category. Another 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 a U.S. baccalaureate degree or an equivalent foreign degree, and have at least 5 years of progressive post-baccalaureate experience in your specialty

OR

you must meet at least 3 of the following criteria:

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 commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
4. you are a member of a professional association;
5. you have attained recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations;
6. comparable evidence to establish exceptional ability.

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)).