- Employer - Required
- Labor Certification - Required
Aliens who qualify under this classification are the ones
"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".
Exceptional ability means
having a degree and expertise significantly above that normally
found within the field. Here the standard is "exceptional" and
NOT "extraordinary" which comes under EB1.
Following documents must be filed with the petition:
- Approved labor certification, or a request for a waiver of a job offer because the employment is
deemed to be in the national interest, with documentation provided to show that the beneficiary's
presence in the US would be in the national interest.
- Documentation of three of the following:
- An official academic record showing that the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability.
- Letters from current or former employers showing that the alien has at least 10 years
of full-time experience in the occupation for which he/she is being sought;
- A license to practice the profession or certification for a particular profession or occupation.
- Evidence that the alien has commanded a salary or other remuneration for services which demonstrates
exceptional ability.
- Evidence of membership in professional associations.
- Evidence of recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If the above standards don't readily apply to the alien's occupation, comparable evidence may be submitted
to establish the alien's eligibility.
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