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EB-2: Exceptional Ability

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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

OR

you must meet at least 3 of the following criteria:
  1. you have a degree, diploma, certificate, or similar award from an institution of learning relating to the area of exceptional ability
  2. you have at least 10 years of full-time experience in the relevant occupation;
  3. you have commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
  4. you are a member of a professional association;
  5. you have attained recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations;
  6. comparable evidence to establish exceptional ability.
SECOND:
  • 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.
Note that if you are a health care worker, it may be necessary for you to obtain the necessary health care certification (e.g., Commission on Graduates of Foreign Nursing Schools (CGFNS)).

Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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