Qualifying for EB-2 Through Exceptional Ability

Exceptional ability requires expertise materially above what the field ordinarily encounters.

The standard

Exceptional ability may encompass work in virtually any field, although the statute and regulation describe the covered areas as the sciences, arts, or business. The applicant must show a degree of expertise significantly above that ordinarily encountered in the field.

The six evidentiary criteria

The applicant must initially satisfy at least three of six criteria: (1) an academic record relating to the area of exceptional ability; (2) letters documenting at least ten years of full-time experience in the occupation; (3) a license or certification to practice the profession or occupation; (4) salary or other remuneration demonstrating exceptional ability; (5) membership in professional associations; or (6) recognition for achievements and significant contributions from peers, governmental entities, or professional or business organizations. Comparable evidence may be used when these criteria do not readily apply.

The NIW still requires more

Meeting the exceptional-ability threshold does not itself justify a waiver. The applicant must separately show that the proposed endeavor has substantial merit and national importance, that the applicant is well positioned to advance it, and that the United States would benefit from waiving the job-offer and labor-certification requirements. Career distinction may support that analysis, but it does not replace it.