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Exceptional Ability in the Sciences, Arts or Business

HomePractice AreasExceptional Ability in the Sciences, Arts or Business

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.

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Effective March 25, 2020, in response to “Stay at Home” orders Joseph & Hall PC is closed to the public and is now conducting nearly all of its operations remotely during the COVID-19 health crisis through April 18th.

We continue to have a limited number of staff in our office to perform basic operations such as assembling and filing petitions, receiving and distributing mail and issuing checks. We are grateful to be in a business that is conducive to remote work and for all of your patience and support.  Our lawyers and paralegals are here to answer the array of questions that continue to arise daily and will keep you informed during these rapidly changing times.  We will hold telephonic or video meetings rather than in-person meetings.  These meetings can be done by SKYPE or Zoom Conference call so that you can continue to interact with your legal team, face-to-face.

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