Exceptional Ability

To establish exceptional ability, it is necessary to satisfy three of the following six criteria:

  • Providing an official academic record that verifies the attainment of a degree, diploma, certificate, or similar recognition from an educational institution relevant to the field of exceptional ability.
  • Submitting letters from current or former employers that support at least ten years of full-time experience in the occupation.
  • Presenting a professional license or certification in the relevant profession or occupation.
  • Furnishing evidence of a commanding salary or receiving remuneration signifies exceptional ability in providing services.
  • Demonstrating membership in professional associations.
  • Securing recognition from peers, government entities, professional or business organizations for accomplishments and meaningful contributions within the industry or field.

Additionally, comparable evidence that establishes eligibility is also acceptable.

National Interest Waiver (NIW)

EB-2 Petitioners who request a National Interest Waiver of the job offer and permanent labor certification must have the following:
• A proposed endeavor that has both substantial merit and national importance.
• That you are well positioned to advance the proposed endeavor.
• On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

The Green Card Process

With the approval of an EB-2 National Interest Waiver (NIW), foreign nationals can obtain lawful permanent residency. If a visa is immediately available and the individual is within the United States with a valid non-immigrant status, they can pursue a green card application (Form I-485) concurrently with the petition, streamlining the process.

For foreign nationals residing outside the United States, the alternative option is the Consular Process, where they can apply for an immigrant visa abroad using the DS-260 form. It is important to note that the spouse and eligible children of the foreign national can also benefit from this process and attain lawful permanent residency as well.

IBP Immigration Law specializes in guiding individuals through the intricacies of the Green Card Process, particularly the EB-2 National Interest Waiver. We are dedicated to assisting clients in achieving their immigration goals and ensuring a smooth transition to lawful permanent residency for both individuals and their families.

Attorney Ingrid Borges Perez speaks
English, Portuguese, and Spanish

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EB-1 / Eb-2 NIW Evaluation