Advantages of Having an EB-1B Exceptional Ability Visa
With the globalized world getting ever more competitive and interconnected, having the right skill set has become essential for success. This has led to an increase in the migration of skilled workers to the US, opening a wealth of options for immigrants with exceptional abilities.
What is an EB-2B Exceptional Ability Visa?
To qualify for an EB-2B visa, you must demonstrate that you have exceptional ability in your field. This means that you must be one of the small percentages of people who can truly be considered the best at what you do. You will need to provide evidence that you have won international acclaim and awards, or that you have risen to the very top of your field.
If you can show that you have significantly contributed to the advancement of your field, you may also be eligible for this visa. The EB-2B visa is reserved for those who have truly exceptional abilities, and it is not easy to obtain. However, if you can meet the requirements, it can be a great way to come to the United States and further your career.
Who is Eligible for EB-2B Visas?
The Adam Walsh Child Protection and Safety Act of 2006 created the Employment-Based, Second Preference Visa (EB-2B) category for foreign nationals of exceptional ability in the sciences, arts, or business. This visa category is also known as the National Interest Waiver (NIW). To be eligible for an EB-2B visa, an applicant must:
- Be a foreign national of exceptional ability in the sciences, arts, or business;
- Demonstrate that his or her admission into the United States will substantially benefit prospectively the national economy, cultural interests, or welfare of the United States; and
- Show that he or she meets the criteria for a national interest waiver as outlined in 8 CFR 204.5.
To be eligible for an EB-2B visa, an applicant must demonstrate that he or she has extraordinary ability in their field by providing documentation showing that they have won a major internationally recognized award OR have at least three of the following:
- A degree from a U.S. institution of higher education in their field;
- An official academic record demonstrating superior performance;
- Evidence of membership in professional associations;
- Evidence of having articles written about them in professional publications;
- Evidence of work included in professional exhibitions; and/or PERM labor certification is not required.
What are the Requirements for EB-2B Exceptional Ability Visas?
To qualify for an EB-2B visa, you must demonstrate that you have “exceptional ability” in your field. This means that you must be one of the small percentages of people who have advanced knowledge or expertise in your field. To show that you have exceptional ability, you must meet at least three of the following criteria:
- You have won an international prize or award for excellence in your field
- You have been published in professional or major trade publications or other media about your field
- You have been employed in a critical or essential capacity for organizations with a distinguished reputation
- You have achieved commercial success in your field through innovation, creativity, or entrepreneurship
- You earned a degree from an institution with a reputation for high academic standards
What are the Benefits of EB-2B Visas?
The EB-2B visa is a great option for those who wish to live and work in the United States. This visa allows you to live and work in the US for an extended period, allowing you to gain valuable experience and skills. In addition, the EB-2B visa gives you the chance to apply for permanent residency status in the US.
If you have an extraordinary ability in the sciences, arts, or athletics, you may be eligible for an EB-2B visa. This visa category is reserved for aliens who have demonstrated exceptional ability and who are coming to the United States to continue work in their field of expertise.
The benefits of an EB-2B visa include:
- You do not need a job offer to qualify.
- There is no limit on the number of visas that can be issued each year.
- You may be able to bring your family with you.
- You may be able to apply for permanent residence after two years.
How to Apply for an EB-2B Visa?
The EB-2B visa is available to foreign nationals who have “extraordinary ability in the sciences, arts, or business” and who wish to enter the United States to pursue a career in their field.
To be eligible for an EB-2B visa, an applicant must:
- Be able to demonstrate that they have extraordinary ability in their field;
- Have a job offer from a U.S. employer in their field of expertise; and
- Have an approved petition from USCIS.
If you meet these criteria, you can apply for an EB-2B visa by filing Form I-140, Petition for Alien Worker, with USCIS. Once your petition is approved, you will need to obtain a visa from the U.S. Embassy or Consulate in your home country before you can travel to the United States.
Common Pitfalls to Avoid When Applying for an EB-2B Visa
There are a few pitfalls that can occur when applying for an EB-2B visa.
- The United States Citizenship and Immigration Services (USCIS) may deny the petition if the alien does not demonstrate that he or she has at least 10 years of experience in the field.
- The USCIS may also deny the petition if the alien cannot prove that his or her job is considered to be a “specialty occupation.”
- The USCIS may deny the petition if the alien cannot prove that he or she is coming to the United States to work in a “national interest” occupation.
Frequently Asked Questions About the EB-2B Visa Application Process
- How long does the EB-2B visa application process take?
The length of time it takes to complete the EB-2B visa application process varies depending on the individual circumstances of each case. Generally, the entire process can take anywhere from a few months to a year.
- What are the requirements for an EB-2B visa?
To be eligible for an EB-2B visa, applicants must demonstrate that they possess exceptional ability in their field of expertise. This includes having a minimum of three years of experience in the relevant field, as well as patents, published articles, or other forms of recognition from peers in the field.
- How much does an EB-2B visa cost?
There is no set fee for an EB-2B visa application. However, applicants will need to pay various fees throughout the process, including the filing fee for the I-140 petition and the biometrics fee. 4. What are the benefits of an EB-2B visa? An EB-2B visa provides holders with several benefits, including the ability to live and work permanently in the United States, as well as travel freely in and out of the country. Moreover, holders of an EB-2B visa are also eligible to apply for citizenship after five years.