EB-2—Exceptional Ability Worker

Basic Requirements:

The EB-2 exceptional ability worker visa status is available to people in the fields of business, science, art, and education. In order to further qualify for this preference category, individuals must be able to produce at least three of the following forms of evidence that support their status as an exceptional ability worker:

1. An official document from an academic institution that shows that the individual has a degree, certificate, diploma, or comparable award from a university or college that substantiates the claim of exceptional ability;
2. Written acknowledgement from previous employers that demonstrates that the individual has at least 10 years of full-time experience in the designated occupation;
3. Certification for a specific profession/occupation or a license to practice a profession;
4. Evidence that demonstrates that the individual has previously commanded a salary, or any other comparable compensation that indicated exceptional ability;
5. Evidence that the individual is a member of an applicable professional association;
6. Evidence that the individual has been recognized for a significant achievement and contribution to a specific industry or field of peers, professional or business association, or governmental entity.

Application Process:

Under this second-preference employment-based preference category, employers are generally expected to obtain labor certification (PERM) from the Department of Labor before an individual may apply for this visa status. Once labor certification has been obtained, applicants from most countries (excepting China and India) are typically allowed to file their applications and petitions without having to first wait for numerical ability—this is not expected to change anytime in the foreseeable future.

Family Members:

Under a derivative status, the spouse and children of the main beneficiary will be eligible to obtain green cards, accompany the main beneficiary into the United States, and remain in the U.S. as long as the visa status of the main beneficiary is valid. To be eligible, children must be under the age of 21 and be unmarried.

Fees:

The Austin immigration attorneys with the Law Office of William Jang, PLLC, will charge the following in attorney’s fees for a normal case that is filed in the United States with the U.S. Citizenship and Immigration Services (USCIS) (please take a moment to look over this disclaimer), in addition to the filing fees that are currently charged by the USCIS:

EB-2 without National Interest Waiver (NIW)

Step 1—Labor Certification:

• $3,000 attorney’s fees
• The cost to advertise this position (varies)

Step 2—Permanent Residency Petition:

• $3,000 attorney’s fees
• $715 USCIS filing fee for Employment Petition
• $300 USCIS Asylum Fee ($600 for large companies*) ($0 for nonprofit)
• $2,805 USCIS premium processing fee (optional)

* Large Companies are companies with more than 25 employees in the U.S.

Step 3:–Adjustment of Status (if already in the U.S.):

• $2,500 attorney’s fees
• $1,500 attorney’s fees for each family member
• $1,440 USCIS filing fee for Adjustment of Status for each person
• $260 USCIS Employment Authorization Document for each person (optional)
• $630 USCIS Advance Parole for each person(optional)

Consular Processing (if outside of the U.S.):

• $4,000 attorney’s fees for the principal beneficiary
• $1,500 attorney’s fees for each family member
• $325 Consular Processing fee per person
• $220 Permanent Resident Card

EB-2 with National Interest Waiver (NIW)

Step 1—Permanent Residency Petition:

• $8,000 attorney’s fees
• $715 USCIS filing fee for Employment Petition
• $300 USCIS Asylum Fee ($600 for large companies*) ($0 for nonprofit)
• $2,805 USCIS premium processing fee (optional)

* Large Companies are companies with more than 25 employees in the U.S.

Step 2:–Adjustment of Status (if already in the U.S.):

• $2,500 attorney’s fees
• $1,500 attorney’s fees for each family member
• $1,440 USCIS filing fee for Adjustment of Status for each person
• $260 USCIS Employment Authorization Document for each person (optional)
• $630 USCIS Advance Parole for each person(optional)

Consular Processing (if outside of the U.S.):

• $4,000 attorney’s fees for the principal beneficiary
• $1,500 attorney’s fees for each family member
• $325 Consular Processing fee per person
• $220 Permanent Resident Card

Experience:

At the Law Office of William Jang, PLLC, our Austin immigration attorneys have the experience and the resources to help you work through the application process for your EB-2 exceptional ability worker visa status; we can help you ensure that your application is complete and filed by every applicable deadline (please take a moment to look over some of our approved cases). To speak with one of our immigration attorneys in Austin about the particulars of your situation, please call our Austin offices at (512) 323-2333 today.

How do I begin the process?

Information and Documents needed for EB-2 Exceptional Ability Worker

Sample Retainer Agreement