Exceptional Ability Category of United States Employment Based Second Preference Visa (EB-2B Visa)

Immigrating to the United States can be very easy for people with exceptional ability in the area of sciences, arts or business. This is a lesser standard than EB-1 that requires extraordinary ability. Exceptional ability is not the same as extraordinary ability as the standard for Exceptional Ability (EB-2B) is lesser than EB-1.

Exceptional ability subcategory is for foreign nationals with exceptional ability in sciences, arts or business. These are workers who will substantially benefit the United States national economic, cultural, educational, social interest or welfare either at present or in the future. There is no requirement that the benefit must affect the entire United States. The benefit may affect only a particular section of the country. This is still considered national interest.

Under this category, lawyers, doctors, nurses, engineers, economists, market research analysts, physicists, mental health workers, social workers, veterinarian, physical, marriage and family therapist and many more qualify. This category does not require having an advanced degree in the applicant field of practice. An applicant under this category does not need to meet the requirement of having international acclaim, award or recognition in the area of specialty as it is the case in EB-1 neither does he need to posses advanced degree. However, the alien worker applicant must be able to show that he has a degree of expertise above an average person in the field or significantly above the level of ordinary expertise encountered in the field.

Criteria  for Employment Based-Exceptional Ability EB-2(B) Visa

An applicant is required to meet 3 of the criteria listed below to qualify.

1. 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.
2. Letters documenting at least 10 years of full-time experience in your occupation.
3. A license to practice your profession or certification for your profession or occupation
4. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
5. Membership in a professional association(s)
6. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
7. Other comparable evidence of eligibility is also acceptable.

Additional Steps

• The Us employer must file the petition with an approved Application for Permanent Employment Certification from the Department of Labor on ETA Form 9089. A waiver of this can be requested. This will be explained in the next article.

• Under this category, applicant that can demonstrate widespread acclaim, international award or recognition or certain professional nurses and physical therapist, their petitioning employer may submit to USCIS uncertified ETA Form 9089 for consideration as Schedule A.
• Your employer must file Form I-140, Petition for Alien Worker.
• Your employer can file its annual report, federal income tax return, or audited statement to demonstrate the ability to pay your wages as of the application priority date.

Who can migrate with you?

Upon the approval of your Form I-140, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States under E-21 and E-22 immigrant status.

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