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EB-2 Exceptional Ability Expert Opinion

According to the Immigration Act of 1990, the EB-2 green card is the second preference immigrant visa category that provides lawful permanent residence in the United States. It includes “members of the professions holding advanced degrees (EB-2A)” and “individuals with exceptional ability in the sciences, arts, or business (EB-2B)”.

Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” The beneficiary must meet any requirements specified on the labor certification (discussed later) as applicable. In addition, the beneficiary must meet at least three of the criteria below. Carnegie Evaluations’ experts can opine on the veracity of such criteria-claims, based on the documentary evidence provided.

  • Official academic record showing that the beneficiary has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters documenting at least 10 years of full-time experience in the beneficiary’s occupation.
  • A license to practice the profession or certification for the profession or occupation.
  • Evidence that the beneficiary commanded a salary or other remuneration for services that demonstrates the beneficiary’s exceptional ability.
  • Membership in a professional association(s).
  • Recognition for the beneficiary’s achievements and significant contributions to the industry or field by the beneficiary’s peers, government entities, professional or business organizations.
  • Other comparable evidence of eligibility is also acceptable.

An Advanced Degree is any U.S. academic or professional degree or a foreign equivalent degree above that of baccalaureate, and can be established by the submission of:

  • An official academic record showing that the beneficiary has a U.S. advanced degree or a foreign equivalent.
  • An official academic record showing that the beneficiary has a U.S. baccalaureate degree or foreign equivalent.
  • Letters from current or former employers showing that the beneficiary has at least 5 years of progressive post-baccalaureate work experience in the specialized field.
  • A doctoral degree (or foreign equivalent).

For cases where the advanced degree is established through the combination of academics and work experience, Carnegie Evaluations’ experts (Professors) in the specialty can provide a credential evaluation towards a master degree equivalency in that specialty.

All beneficiaries petitioning for EB-2A and EB-2B need an employee sponsor to apply. In order for the employer to sponsor a foreign worker for an EB-2A/B visa, the employer must first file with the US Department of Labor for Permanent Labor Certification using the Program Electronic Management Review (PERM) System. To do this, the employer must meet the following requirements:

  • Certify that a job is available and is in a specialized professional field.
  • Demonstrate that the job is also available to the U.S. workers.
  • Demonstrate that a foreign worker is needed.
  • Demonstrate that the pay rate for the job is at a prevailing industry rate.

Once all the requirements are met, the Department of Labor issues a PERM form and the employer can then sponsor a foreign worker for an EB-2 visa.


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