The EB2 checklist below provides a general idea of what is usually needed for an EB2 green card petition under the exceptional ability subcategory. To have a better understanding of this list, please read the EB2 visa overview for the big picture and then please go through EB2 exceptional ability subcategory for the details of what the exceptional ability subcategory includes under the EB2 green card petition.
Please click to download the EB2 green card checklist for exceptional ability workers.
The overall emphasis on the documents and requirements/criteria of an EB2 green card petition under the exceptional ability subcategory is that the person who has exceptional ability in the sciences, arts, or business can show their employment in the United States will prospectively and substantially benefit the economy, cultural or educational interests, or welfare of the nation. This can be shown by satisfying the requirements listed in the U.S. immigration statutes, such as whether the person has received formal recognition of their achievements by being awarded for their work done in their field of expertise or that they have been compensated a higher salary which can show that their degree of expertise is higher than others who are working in a similar job within the industry.
The exceptional ability subcategory of the EB2 green card petition is usually filed with a National Interest Waiver due to certain similarities of the language used between their requirements. The National Interest Waivers allows the person to self-sponsor their own green card and cuts out the requirement of the lengthy PERM labor certification, however, the person will have to also show that they will be able to benefit the United States on a national level.
The requirements for an EB2 exceptional ability green card petition may seem straightforward and simple at first glance, however, with further examination it becomes tricky when figuring out whether the person’s past experience can actually qualify as exceptional ability or how the person can present themselves as a strong candidate of being able to benefit the United States as a nation. It is common practice and strongly encouraged to obtain an attorney for employment-based green card petitions.
Alternatives to the EB2 Green Card Petition (Exceptional Ability)
For people who qualify for an EB2 green card petition under the exceptional ability subcategory, there is a possibility that the person also qualifies for an EB1 green card petition (that requires a higher standard in eligibility) which includes: (1) persons who are nationally or internationally recognized for their extraordinary ability in the sciences, arts, education, business, or athletics (EB1a green card), (2) professors or researchers who are internationally recognized as outstanding in their academic field (EB1b green card), or (3) executives or managers of multinational companies (EB1c green card). EB1 green card petitions do not require a PERM labor certification and the EB1a green card subcategory (for aliens of extraordinary ability) does not even require a specific U.S. employer for the petition just proof that the person will continue to work in their field of expertise.
Other alternative green card petitions that require a similar or slightly higher standard than the EB2 green card petition include: (1) EB2 green card petitions under the advanced degree subcategory, (2) EB2 green card petitions under Schedule A Group II, or (3) EB2 green card petitions filed with a National Interest Waiver (or a Physician’s National Interest Waiver). The advanced degree EB2 green cards are for persons who have at least a master’s degree and have a job offer for a position that requires that specific type of degree. The Schedule A Group II EB2 green cards are for persons who have exceptional ability in the performing arts, sciences or arts. A national interest waiver can be filed with an EB2 green card petition when the person qualifies for an EB2 green card and is also qualified in being able to make contributions that substantially benefit the United States as a nation. A physician’s national interest waiver can be filed with an EB2 green card petition for certain doctors who agrees to provide healthcare services in certain U.S. government designated facilities or medical personnel shortage areas.
For people who do not qualify for the EB2 green card petition yet, the closest alternative would be the commonly used professionals subcategory of the EB3 green card petitions (Professional, Skilled, Other Workers). Professionals under the EB3 green card petition are required to (1) be a member of a profession, (2) have at least a bachelor’s degree (or its foreign equivalent), and (3) a job offer that requires a bachelor’s degree as entry into the occupation. Skilled workers under the EB3 green card petition are required to have qualifications to perform a job that requires at least 2 years of training or work experience. Other workers under the EB3 green card petition are only required to be able to perform an unskilled job that requires less than 2 years of training or work experience. Similar to EB2 green card petitions, the EB3 green card petitions also generally require a sponsoring U.S. employer and a PERM Labor Certification.
HAVE A EB2 GREEN CARD IMMIGRATION QUESTION? CONTACT US
If you have an EB2 green card (Exceptional Ability) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify whether the EB2 green card is the appropriate immigrant visa category for the client’s (or the client’s beneficiary’s) professional background. We will work closely with our client to prepare a convincing case for their (or it’s) EB2 green card petition and we will also strategize on how the EB2 green card petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an EB2 green card petition due to the complexities in the immigration process and visa requirements.