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Immigrant Exceptional Ability (EB-2A/B/C)
 
Who Gets It?
EB-2 category is limited to those individuals who have advanced degrees, who have demonstrated exceptional ability in a highly specialized academic field, or, for those who have skills, education, or experience that is above the ordinary and can be of national interest.  
 
EB-2A (Advanced Degree) visa are granted to individuals who have advanced degrees, meaning they have at least a baccalaureate degree and at least 5 years of experience in a specialty. You must have documents to show that you meet both requirements.
 
EB-2B (Exceptional Ability) visas are granted to individuals who have exceptional ability in the arts, science, or business. This means you have a degree of expertise significantly above that ordinarily encountered in those areas of work.
 
EB-2C (National Interest Waiver) visas are granted to individuals who can show that their job and education qualify them for a national interest waiver. This means that your employment in the United States will greatly benefit the nation as a whole, aside from benefitting your employer.
 
What the USCIS Wants to See?
The USCIS requires documentation and written explanation for any of the above visas.
 
For the EB-2A (Advanced Degree)
 
  1. Submissions must establish that you worked for at least 5 years in a specialty with documents from your employer.
  2. Submission must establish that you meet the educational requirement with documents from your academic institution.
  3. Submissions must establish that an accredited institution in the United States validates your education in the abroad
 
For the EB-2B (Exceptional Ability)
 
  1. Submissions must establish the exceptional ability of the visa seeker with independent confirmation from experts in the field, and with evidence of the individual’s achievements in a science, an art, or business
  2. Submissions must establish that the visa seeker meets at least three of the following regulatory criteria.
 
a.  Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or        other institution of learning relating to your area of exceptional ability
b.   Letters documenting at least 10 years of full-time experience in your occupation
c.    A license to practice your profession or certification for your profession or occupation
d.   Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
e.   Membership in a professional association(s)
f.   Recognition for your achievements and significant contributions to your industry or field by your peers, government entities,                   professional or business organizations
g.   Other comparable evidence of eligibility is also acceptable.  


For the EB-2C (National Interest Waiver)
  1. Submission must establish how your employment will provide benefits greater than those that at least one United States worker can provide.
 
What the USCIS Does Not Want to See?
The USCIS will call into question an EB-2 petition based on a number of factors. These are the issues that have been raised in the past. Be aware that the USCIS can take issue with just about anything, so this list is nowhere near complete.
 
  1. Evidence that the visa seekers achievements are not beyond what is ordinarily encountered in the field.
  2. Evidence that the visa seeker has not worked for at least 5 years in a specialty directly related to their education.
  3. Evidence that the visa seeks will not provide benefits to the United States as a whole through their employment.
 
Remember that each case is unique. To find out whether you qualify for this visa, please contact us directly and set up an appointment.