Aliens who qualify for an employment based greencard under the EB-2 – exceptional ability in sciences, arts, or business if they are “who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States”.
Exceptional ability means having a degree and expertise significantly above that normally found within the field. Here the standard is “exceptional” and NOT “extraordinary” which comes under the EB-1 category.
An employer sponsorship with a permanent, full time job offer as well as a labor certification are required.
EB-2 Employment Based Greencard – Exceptional Ability – Filing Documents
The following documents must be filed with the petition:
- An approved labor certification, or a request for a job offer waiver because employment is deemed to be in the national interest, with documentation provided to show that the beneficiary’s presence in the U.S. would be in the national interest.
- Documentation of three of the following:
- An official academic record showing that the alien has a degree, diploma, certificate, or a similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability.
- Letters from current or former employers showing that the alien has at least 10 years of full-time experience in the occupation for which he/she is being sought;
- A license to practice the profession or certification for a particular profession or occupation.
- Evidence that the alien has commanded a salary or remunerations for services demonstrating exceptional ability.
- Evidence of membership in professional associations.
- Evidence of recognition for achievements and significant contributions to the industry or field by peers, government entities, or professional or business organizations.
If the above standards do not readily apply to the alien’s occupation, comparable evidence may be submitted to establish the alien’s eligibility.
- An official academic record showing that the alien has a degree, diploma, certificate, or a similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability.
EB-2 Greencard – Exceptional Ability – Application Procedure
To apply for an employment based greencard under EB-2 – Exceptional Ability, the following procedure must be followed:
- A permanent, full time job offer is required unless qualified under a National Interest Waiver(NIW)
- Employer must file a PERM Labor Certification (except occupations under Schedule A or if qualified under a National Interest Waiver (NIW)). To apply for a NIW, you must still submit a Department of Labor ETA Form 9089. The labor department will review the case for a NIW and grant the waiver if appropriate.
- Your employer must file a Form I-140 Petition for Immigrant Worker for you. However, if you qualify under a NIW, you can file for it yourself.
- When the priority date is current, file for either an Adjustment of Status or go through Consular Processing at a U.S. Embassy/Consulate abroad.
