Building a Case for Exceptional Ability or an Advanced Degree (EB-2)

Date of Information: 05/10/2025

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Are you a high-achieving professional with unique expertise? You may qualify for permanent residence with an EB-2 Exceptional Ability visa. At Charles International Law, we guide you step-by-step to build the strongest possible petition—whether you're just exploring or ready to file.

What Is the EB-2 Visa?

The EB-2 visa is a second-preference employment-based visa designed for individuals with advanced degrees or exceptional ability.

There are four variations:

Eligibility Criteria

Exceptional Ability (8 CFR § 204.5(k)(3)(ii)):

You must meet three of these six criteria:

  1. Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability, as required by 8 CFR § 204.5(k)(3)(ii)(A)

  2. Documentation in the form of letters from current or former employers showing that you have at least ten years of full-time experience in the occupation for which you are being sought, as outlined in 8 CFR § 204.5(k)(3)(ii)(B)

  3. A license to practice the profession or certification for a particular profession or occupation, as specified in 8 CFR § 204.5(k)(3)(ii)(C)

  4. Evidence that you have commanded a salary, or other remuneration for services, that demonstrates exceptional ability, per 8 CFR § 204.5(k)(3)(ii)(D)

  5. Evidence of membership in professional associations, pursuant to 8 CFR § 204.5(k)(3)(ii)(E)

  6. Evidence of recognition for your achievements and significant contributions to the industry or field by your peers, government entities, or professional or business organizations, in accordance with 8 CFR § 204.5(k)(3)(ii)(F)

Keep in mind: USCIS officers are not subject-matter experts in your field. You may be globally recognized for your work, but unless your qualifications are clearly mapped to the enumerated criteria in the federal regulations, they may not fully appreciate the significance of your achievements. For that reason, it is essential to structure your application around the checklist outlined in 8 CFR § 204.5(k)(3)(ii), which USCIS uses to assess eligibility for the "exceptional ability" designation. Each claimed criterion should be supported by credible, organized documentation and written in accessible terms that highlight relevance and impact. Even Nobel-Prize-caliber work can be misunderstood or undervalued if it’s not explicitly tied to these regulatory factors.

Advanced Degree Professionals (8 CFR § 204.5(k)(2)):

To qualify as an advanced degree professional under the EB-2 category, you must possess either:

  • A U.S. advanced degree (Master’s or higher) or a foreign equivalent degree, or

  • A U.S. bachelor's degree (or foreign equivalent) plus at least five years of progressive post-baccalaureate experience in the specialty.

It’s important to clearly document both the degree and the progressive nature of the work experience through transcripts, credential evaluations (if applicable), and detailed letters from employers. USCIS will look closely at whether the experience was gained after completion of the bachelor’s degree and whether each subsequent position reflects an increase in complexity, responsibility, or knowledge applied.

Citing the regulatory framework under 8 CFR § 204.5(k)(2) provides adjudicators with a clear, checklist-style path to follow—something they heavily rely on when reviewing petitions, especially in fields where they may not fully understand the applicant’s advanced professional background.

Specific Documentation that Will Strengthen Your Application:

  • A detailed resume or curriculum vitae

  • Copies of diplomas, transcripts, and credential evaluations (for foreign degrees)

  • Letters of recommendation from experts in your field

  • Employer support letter, if applicable

  • Proof of current lawful status, if applying from within the U.S.

  • Passport biographic page and prior U.S. immigration documents (visa stamps, I-94, etc.)

  • Any prior USCIS or Department of Labor decisions relating to previous petitions

  • A comprehensive list of your publications, presentations, or media appearances

  • Contact details for referees who can write expert letters (ideally from different institutions and countries)

  • Details of any awards, honors, or professional recognition

  • Membership certificates or leadership positions in professional associations

  • Documentation of past and current salaries (pay stubs, offer letters, contracts, etc.)

  • Project summaries or grant documentation that highlight the impact of your work

  • Any metrics or analytics (citations, patents, performance data) that quantify your influence

  • Timeline of your education and career progression

  • Past immigration filings and outcomes, if any

Other Helpful Resources:

See Also:

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