How Do I Qualify?

Individuals who are eligible for the EB-2 visa fall under two categories:

1. Advanced degree professionals

2. Exceptional abilities
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According to American education standards, an advanced degree is a master’s degree or higher, such as a professional doctorate (MD, JD, PharmD, etc.) or a PhD. Alternatively, a bachelor’s with 5 years of post-bachelor’s experience will do the trick. Naturally, not everyone is eligible to apply under this category. If you received your degree(s) outside the United States, you will have to prove that they are equivalent to the same American degree, which isn’t always the case. You might have done a degree in one field, such as Political Science or French Literature, and gone on to have a high-powered career in marketing. You might have dropped out of university to become a successful entrepreneur. Worry not! There are 6 exceptional ability criteria that you can qualify under to get your EB-2 NIW visa.

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What Makes Me Exceptional?

Now, don’t be put off by the word ‘exceptional’. You definitely don’t have to be a Nobel laureate to qualify. Let’s zoom in on how the USCIS policy manual defines ‘exceptional’: “A degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” So, you don’t need to have reached the very top of your field–that’s reserved for the EB-1 and its ‘extraordinary’ abilities requirement–but you do need to show proof that you stand out from your professional peers.
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It’s always a good idea to keep an eye on the big picture and understand the perspective from which your eligibility will be assessed. Keep in mind that what you ultimately have to prove is that your exceptional ability, whether in the arts, business, or sciences, will be in high demand on the American job market and will benefit the United States overall in the future.

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What Are the 6 Exceptional Ability Criteria? 

Now that we’ve got semantics out of the way, let’s break down the 6 types of evidence you can include in your petition to qualify for exceptional ability. The good news is that you only need to present 3 out of the 6 possible types of evidence.
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1. Academic record related to your field of exceptional ability

You need to provide an official academic record, which might include your degrees, diplomas, or professional certificates. Note that none of these need to be equivalent to an advanced degree. It’s absolutely essential, however, that your academic qualifications match your field of exceptional ability. If you have a degree in Education or Economics but you’re an exceptionally talented software engineer, that’s not a match. Luckily, even if that’s the case with you, you don’t have to meet that criterion–there are five others under which you might qualify.
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2. Letters from your current and or ex-employers showing 10 years of full-time experience
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You need to provide letters from your employer(s) as proof of having at least 10 years of experience in your field. This is especially helpful if your educational attainment is modest—perhaps there weren’t relevant educational options when you started your career—but with a decade or more of relevant work experience under your belt, you can prove you’re exceptional, whether you’re a performer or a software engineer. Make sure you keep to the letter of the law. Full-time work entails working 40 hours a week. If your country’s employment laws have a different definition of full-time employment, it’s a good idea to clear that up with a lawyer.
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3. A license or certification to practice your profession 

You might have a license if your occupation requires you to have one. For example, certain accounting professionals and all engineers need to have a license to practice in the United States. If this applies to your profession in your country of origin, use it to your advantage.
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4. High salary

If you’re particularly well-paid in your field, and your salary or other form of remuneration is much higher than that of others working in your field, you might meet this criterion by demonstrating that your abilities are seen as exceptional by your employer in their willingness to pay you far better than others. If your work doesn’t involve an employer—like if you’re a performer—you can prove high earnings with something like a concert you gave that made big money. You’ll need to provide supporting documents like pay stubs or tax forms.
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5. Membership in professional associations

Being a member of a professional association relevant to your exceptional ability doesn’t mean you have to be one of the select few awarded that membership. It might simply be an association of professionals such as yourself, which requires a membership fee and meeting certain criteria. For example, if you’re an actor, your country might have something similar to the Screen Actors Guild in the United States. If you’re a tech worker, there are associations and forums you can join related to just about any technology, from blockchains to UX design. An important thing to keep in mind is that your membership in or involvement with the association must indicate that your expertise is significantly higher than what is typically found in your field of exceptional ability.
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6. Recognition for achievements and contributions by peers, government bodies, or professional or business organizations

The main idea is that if you can demonstrate that your unique insights and contributions have positively impacted not only your project or employer but also your field or industry at large, it can really strengthen your petition. Have your accomplishments been featured in a newspaper or magazine or perhaps a professional publication like a scholarly journal? Have you given a presentation or talk at an industry-wide conference or forum? Have you received any prestigious awards? If the answer to any of these questions is yes, you are likely to meet this criterion.

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What if I Don’t Exactly Match 3 of These Requirements?

The criteria listed above aren’t set in stone. They’re strong suggestions to help you present a convincing petition. If you work in a particularly niche field that is of national interest to the United States, you can submit what’s called ‘comparable evidence,’ but it’s a good idea to consult an attorney in that case.