You may be able to qualify for U.S. Permanent Residency under the EB-2 category for individuals with "EXCEPTIONAL ABILITY", if you can establish that you have "EXCEPTIONAL ABILITY" in your specialty based on the USCIS criteria, or have a U.S. baccalaureate degree or an equivalent foreign degree and have at least 5 years of progressive post-baccalaureate experience in your specialty, AND you have a job offer from a U.S. employer in your field (UNLESS you obtain a National Interest Waiver of the job offer).
A key advantage of the EB-2 category is that it tends to have a more current priority date than the EB-3 category. Another key advantage is that if you qualify for a National Interest waiver of the job offer, you do not need to go through the Labor Certification process, thereby making the process considerably faster than the EB-3 category, and you may also be able to self-petition (if you obtain the National Interest waiver of the job offer).
To be eligible for the EB-2 "EXCEPTIONAL ABILITY" category, you must meet the following qualifications:
FIRST:- you must have a U.S. baccalaureate degree or an equivalent foreign degree, and have at least 5 years of progressive post-baccalaureate experience in your specialty
you must meet at least 3 of the following criteria:OR
- you have a degree, diploma, certificate, or similar award from an institution of learning relating to the area of exceptional ability
- you have at least 10 years of full-time experience in the relevant occupation;
- you have commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
- you are a member of a professional association;
- you have attained recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations;
- comparable evidence to establish exceptional ability.
- you must have a U.S. employer who intends to employ you, which must have obtained a LABOR CERTIFICATION on your behalf;
OR
- you must have obtained a WAIVER of the labor certification in the national interest.
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