Workers of Exceptional Ability

An individual without an advanced degree may still obtain employment-based second preference classification, if he/she has exceptional ability in the sciences, arts, or business. The term "exceptional ability" is defined as a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business and must be established by providing three of the following:

  1. 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;
  2. Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
  3. A license to practice the profession or certification for a particular profession or occupation;
  4. Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
  5. Evidence of membership in professional associations; or
  6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

An individual with exceptional ability in the sciences, arts, or business must still go through the labor certification process. The labor certification and requirement of a job offer for an individual with exceptional ability in the sciences, arts, or business can be avoided only if it is determined that his/her activity in the US in the national interest.