Permanent Residence through Employment

Exceptional Ability in the Sciences, Arts or Business

An individual can obtain EB-2 classification for exceptional ability in the fields of art, sciences or business. Athletics are considered an art for purposes of EB-2 classification. Exceptional ability is limited to aliens in the fields of arts, science and business.

USCIS requires at least three of the following six types of evidence to show exceptional ability:

• For advance degree EB-2s, official record of a degree from a college, university or other learning institution related to the field in which the alien claims exceptional ability;
• For exceptional ability EB-2s, evidence of ten years of full time experience in the field in which employment is sought (typically in the form of letters from past employers);
• A license to practice or certification if required in the occupation;
• For exceptional ability cases, evidence of a high salary or other form of payment that indicates exceptional ability;
• For exceptional ability cases, evidence of membership in professional associations; and
• For exceptional ability cases, evidence of recognition by peers or professional associations for achievements and contributions to the field.

For exceptional ability EB-2 cases, labor certification is required unless a national interest waiver is obtained.