Exceptional Ability in the Arts, Sciences or Business
Employer sponsorship is required for this EB-2 category.
The term exceptional ability is defined as a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. A beneficiary may qualify for the exceptional ability visa preference classification if:
- He or she has exceptional ability in the sciences, arts, or business;
- He or she will substantially benefit the national economy, cultural or educational interests, or welfare of the United States in the future; and
- His or her services in one of those fields are sought by an employer in the United States.
Initially, the applicant must meet at least three of the criteria below or show comparable evidence:
- An official academic record showing that the beneficiary 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;
- Evidence in the form of letter(s) from current or former employer(s) showing that the beneficiary has at least 10 years of full-time experience in the occupation in which he or she is being sought;
- A license to practice the profession or certification for a particular profession or occupation;
- Evidence that the beneficiary has commanded a salary or other remuneration for services that demonstrates exceptional ability. (To satisfy this criterion, the evidence must show that the beneficiary has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field);
- Evidence of membership in professional associations; and
- Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
In some cases, evidence relevant to one criterion may be relevant to other criteria.
Additionally, if these types of evidence do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility. This provides petitioners the opportunity to submit comparable evidence to establish the beneficiary’s eligibility if the regulatory standards do not readily apply to the beneficiary’s occupation. When evaluating such comparable evidence, officers consider whether the criteria are readily applicable to the beneficiary’s occupation and, if not, whether the evidence provided is truly comparable to the criteria listed in the regulation.
Ultimately, a Final Merits Determination will be conducted by USCIS to evaluate all the evidence together to see if it meets the high level of expertise required for this immigrant classification.
