OUR IMMIGRATION SERVICESEB-2B: Exceptional Ability

What is the EB-2B visa and who is it for?

The EB-2B visa is part of the Employment-Based Second Preference visa category, which is reserved for individuals whose expertise and accomplishments are significantly above those of their peers. The U.S. government seeks to attract exceptional talent that can contribute to the nation’s economy, culture, or society.

Key Features of the EB-2B Visa

Extraordinary Ability: Designed for professionals with extraordinary ability in the sciences, arts, business, or athletics.
Pathway to Residency: Provides a direct path to permanent residency (green card).
No Job Offer Required (NIW Option): Applicants may waive the job offer requirement if they qualify for a National Interest Waiver (NIW).
Family Inclusion: Spouses and children under the age of 21 may accompany you and apply for permanent residence.

Who qualifies?

Professionals with a proven track record of excellence.
Individuals whose work has had a significant impact in their field or on broader societal goals.
Applicants with strong documentation, including awards, publications, leadership roles, and letters of recommendation.

The EB-2B visa is ideal for those who are ready to take their careers to the next level while contributing to the growth and innovation of the United States.

BOOK A CONSULTATION

EB-2A vs EB-2B vs EB-1A: Which Visa Is Right for You?

Criteria	EB-2A (Advanced Degree)	EB-2B (Exceptional Ability)	EB-1A (Extraordinary Ability)
Who Qualifies?	Master’s degree or higher, or equivalent	Exceptional ability in sciences, arts, or business	Extraordinary ability in sciences, arts, education, business, or athletics
Labor Certification (PERM)	Required (unless NIW)	Required (unless NIW)	Not required
Job Offer Needed?	Yes (unless NIW)	No (if applying with NIW)	No
National Interest Waiver (NIW) Option	Yes	Yes	N/A
Evidence Required	Academic credentials, letters from employers	Evidence of expertise (awards, publications, memberships)	National/international acclaim, major awards, published material, memberships, original contributions
Permanent Residency Path	Yes (Green Card)	Yes (Green Card)	Yes (Green Card)
Family Included	Yes (Spouse & children under 21)	Yes (Spouse & children under 21)	Yes (Spouse & children under 21)

Note: The National Interest Waiver (NIW) allows eligible EB-2A and EB-2B applicants to bypass job offer and PERM requirements if their work significantly benefits the United States.

Navigating the EB-2B Visa Application

Eligibility Requirements and Supporting Documents

To successfully apply for the EB-2B visa, you must demonstrate that your expertise and contributions are exceptional and above the ordinary standard in your field. Proper preparation and thorough documentation are key to building a compelling case.

Eligibility Criteria:

Significant achievement in the sciences, arts, business, or athletics.
Evidence of recognition by peers, experts, or industry leaders.
A strong case that your work will benefit the United States economically, culturally, or socially.

Required documentation:

Evidence of Exceptional Ability: Awards, publications, patents, or other notable achievements.
Letters of Recommendation: From recognized experts or authorities in your field.
Labor Certification (if applicable): Unless applying under NIW.
Form I-140: Immigrant Petition for Alien Worker.
Personal Narrative: A clear explanation of how your work is unique and impactful.

Highlighting your contributions: Focus on how your work has made a measurable impact. For example:

Scientists: Groundbreaking research or widely recognized publications.
Artists: Awards, exhibitions, or performances of exceptional merit.
Business leader: Innovations that have led to significant economic growth.
Athletes: Championships, records, or leadership in their discipline.

Providing clear, concise, and compelling evidence will make your application stand out.

Application Process and Overcoming Challenges

The EB-2B visa process requires meticulous attention to detail and a strategic approach to overcome common hurdles. Here’s a step-by-step guide to navigating the process.

Application Steps:

Assess Eligibility: Confirm that you meet the criteria for exceptional ability.
Gather Evidence: Gather all the necessary documents to support your case.
File Form I-140: Submit the immigrant petition and supporting documents to the USCIS.
Adjustment of Status or Consular Processing: Apply for a green card through adjustment of status (if in the U.S.) or consular processing (if outside the U.S.).

Challenges and Solutions:

Complex Documentation: Ensure that each document meets USCIS requirements by working with an experienced immigration attorney.
High Standard of Evidence: Build a strong case that highlights your unique contributions and the societal value of your work.
Regulatory Hurdles: Stay informed about current regulations and legislative changes that may impact your application.

Strategies for Success:

Start early to allow time to gather documents and build your case.
Work with experts to craft a personal narrative that highlights your accomplishments and impact.
Address potential weaknesses in your case up front to avoid delays or rejections.

Choosing the right guidance and support is critical to ensuring a smooth and successful application process.

EB-2B Visa Process: Step-by-Step Roadmap

Eligibility

Check if you qualify for EB-2B

Gather Evidence

Collect documentation and recommendations

File Form I-140

Submit Immigrant Petition for Alien Worker

PERM/NIW

Labor Certification or National Interest Waiver

AOS or Consular Processing

Apply for Green Card in the U.S. or abroad

Approval

Receive your Green Card

Answers to FAQs

What is the difference between EB-2A and EB-2B?

EB-2A is for individuals with advanced degrees or their equivalent, while EB-2B is specifically for individuals with extraordinary ability in their field, such as the sciences, arts, business, or athletics. EB-2B petitioners must demonstrate that their skills and contributions are significantly above and beyond the ordinary.

How is "extraordinary ability" defined for EB-2B petitioners?

Exceptional ability is defined as a level of expertise that is significantly higher than that normally found in a particular field. Evidence may include awards, publications, leadership roles, patents, or professional recognition.

Do I need a job offer to apply for the EB-2B visa?

A job offer is usually required unless you qualify for a National Interest Waiver (NIW), which allows you to waive this requirement by showing that your work is in the national interest of the United States.

How long does the EB-2B petition process take?

Processing times can vary depending on USCIS workload, but typically the I-140 petition takes about 6-12 months. Premium processing is available for faster adjudication. Adjustment of status or consular processing may take an additional 6-12 months.

Can I change jobs while my EB-2B petition is pending?

Changing jobs during the EB-2B petition process can complicate your case, especially if the new job is not in the same field. If you filed under the NIW, the new job must still be in your stated area of national interest.

What happens if my EB-2B petition is denied?

If your petition is denied, you may file an appeal or motion to reopen. Alternatively, you can reapply with a stronger case that addresses the reasons for the denial. An experienced immigration attorney can guide you through this process.

Can I apply for the EB-2B visa if I live outside the United States?

Yes, individuals living outside the U.S. may apply through consular processing. Once your I-140 petition is approved, you will complete the process at a U.S. consulate in your home country.