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Exceptional Ability in the Sciences, Arts or Business

HomePractice AreasBusiness Immigration, Entrepreneurs & InvestorsPermanent Residence through EmploymentExceptional Ability in the Sciences, Arts or Business

Exceptional Ability in the Sciences, Arts or Business

About EB-2 Classification:

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.

NOTABLE CASES

Appeals & Federal Litigation Cases

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We’ve filed a case challenging the US Department of Labor over a new rule that dramatically hikes wages for H-1B, H-1B1, PERM and E-3 cases.

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AKER v. TRUMP

This case challenged the Presidential Proclamation 10014 and 10052 with respect to DV winners. The judge has certified the case as a class action …

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ANUNCIATO v. TRUMP

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MILLIGAN v. POMPEO

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