Foreign Nationals Having Exceptional Ability in the Sciences, Arts, or Business
Foreign Nationals of Exceptional Ability or Workers with Advanced Degrees

Overview

This classification includes foreign nationals who are “members of the professionals holding advanced degrees or their equivalent” and foreign nationals “who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.” This category comprises 28.6% of worldwide visas plus unused EB-1s.

To qualify in this category, the requirements are as follows:

The foreign national must be coming to the United States to work full-time in his or her field of expertise

The foreign national has a job offer from a U.S. employer;

A labor certification is required for this category except for applicants who qualify for a national interest waiver or whose occupation falls under Schedule A of the Labor Certification process.

This category is divided into two subcategories:

Foreign Nationals Having Exceptional Ability in the Sciences, Arts, or Business

You must be more accomplished than the average person in your chosen profession. You must have been recognized for achievements and significant contributions to your field by peers, government entities, professional or business organizations. Documentation must include:

• Membership in professional associations
• Evidence of salary or other compensation which demonstrates exceptional ability
• A professional license
• Letters evidencing at least ten years of full-time experience in the intended occupation sought
• A certified transcript demonstrating a degree, diploma, certificate or award from a college, university, school or other institution of learning relating to the area of exceptional ability.
• Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organization.

To put your application over the top,Hart Immigration will also seek testimony from experts about you.

Foreign Nationals of Exceptional Ability or Workers with Advanced Degrees

If the foreign national possesses an advanced degree and the American position requires such a degree, a Petition by the American employer may be filed under this category. The documentation accompanying the petition must include an official academic record of the advanced degree (American or foreign equivalent) beyond the baccalaureate.

A Master’s Degree may be achieved by a Bachelor of Arts or Bachelor of Science Degree or the foreign equivalent with 5 years of progressive experience in the specialty. USCIS defines progressive experience as “employment experience that reveals progress, moves forward, and advances toward increasingly complex or responsible duties. In short, progressive experience is demonstrated by advancing levels of responsibility and knowledge in the specialty.”

For a doctorate, you cannot use the equivalent work experience. You must have the PhD or foreign academic equivalent.

Letters from current or former employers evidencing at least 5 years of the foreign national’s progressive experience in his or her specialty must also supplement the Petition.