EB-2 Exceptional Ability Visa

The qualification process for immigrant visa processing under employment-based category 2 (EB-2), the National Interest Waiver option, consists of the following two-tier analysis.

First Tier – Preponderance of Evidence on an Individual Basis. In the first tier, applicant has to demonstrate at least 3 of the below 6 criteria:

  1. Recipient of a degree, diploma, certificate or similar award from a college, university, school or other institution, relating to the filed of exceptional ability.
  2. At least 10 years of full-time experience in your field.
  3. A license or certification to practice in your profession or occupation, if required.
  4. A high salary or other remuneration for your services, which demonstrates your exceptional ability.
  5. Membership in professional associations.
  6. Recognition for achievements and significant contribution for your industry or field.

If you are able to show that you meet at least 3 of the above criteria, the immigration officer will then review all of the evidence in its totality to determine if it is more likely than not that you are an alien of exceptional ability as demonstrated by your degree of expertise significantly above that normally encountered in the sciences, arts, or business.

If at least 3 of the 6 types of evidence are not fulfilled, the petitioner/applicant’s application will unlikely be approved by the USCIS. However, if the applicant has demonstrated evidence of at least 3 of the 6 types of evidence, the applicant must now pass the Second Tier analysis in order to receive a final determination by USCIS.

II. Second Tier – Final Merits Determination.

  • The totality of evidence must establish that the applicant will substantially benefit the U.S. economy, U.S. cultural interests, U.S. educational interests, or U.S. welfare.
  • A prospective benefit is generally shown by documenting a past record of achievements and explaining how that indicates your future success.