EB-2 (NIW) Exceptional Abilities


Exceptional Abilities

The EB-2 Exceptional Abilities is an employer-sponsored U.S. Green Card program that aims to attract eminent people who hold an advanced degree or can prove their exceptional ability in certain professions.

If a foreigner can demonstrate that his or her high-level abilities would serve the national interest of the U.S., then it is possible for the foreigner to seek the National Interest Waiver (NIW), and not require an employer sponsor and testing of the U.S. job market.

Who is eligible for EB-2?
  • Employee with bachelor’s degree or higher.
  • National Interest Waiver (NIW) – high-level of verifiable accomplishment in the field of endeavour

Basic Requirement or
Criteria for Demonstrating Exceptional Ability

Criteria 1:

Proof of Advanced Degree and Exceptional Ability

Advanced Degree:

  • You have an advanced degree (Master's or Ph.D. Degree), or its equivalent (Bachelor's Degree and 5 years of experience); or
  • letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

Exceptional Ability:

  • You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
  • letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

You must meet at least 3 of the criteria below.

  • 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 your area of exceptional ability.
  • Letters documenting at least 10 years of full-time experience in your occupation.
  • A license to practice your profession or certification for your profession or occupation.
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
  • Membership in a professional association(s).
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
  • Other comparable evidence of eligibility is also acceptable.

Criteria 2:

The National Interest Waiver Test

After passing the General EB-2 Eligibility Test, you must also satisfy all 3 elements of the National Interest Waiver test, which are:

  • Your proposed work has both substantial merit and national importance;
  • You are well-positioned to advance your proposed work;
  • and it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.


  • Relatively fast processing time
  • Spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States
  • No language requirement
  • Employer Sponsorship is not required: may self-petition without an employer or a sponsor
  • A specific offer of employment is not required: can file an EB-2 Green Card application even without a job offer from a U.S. employer
  • Less strict eligibility criteria as compared to EB-1A
  • Premium Processing is available: I-140 Immigrant Petition can be filed under the premium processing program.

Walton American Investor Immigration WAII 圜美移民

Process and Time Frame

Processing time could be as little as 6 months – 3 years (some countries of birth may have longer wait time, such as China and India).

  • Step 1

    Submit CV for review

    Our team of professionals will make sure we are confident of your approval.

  • Step 2

    Contract Signing

    A service contract will be signed with WAII if clients fulfil the application requirement.

  • Step 3

    Submission of Form I-140 to the USCIS

    All required documents and the Form I-140 (Petition for Permanent Residency) shall be submitted to the immigration department. If clients choose a premium processing channel, then the processing time could be as little as 15 working days. Otherwise, the processing time is 9-12 months.

  • Step 4

    Obtain Approval Letter

    Clients will receive an approval letter upon successful application.

  • Step 5

    Consular Processing

    Submit Consular Processing Forms and will be in line for the Immigrant Visas interview which will take 6 months on average.

  • Step 6

    Immigration Interview

    WAII will prepare you for the interview.

  • Step 7

    Obtain the Visa

    Applicants shall land in the U.S. within 6 months after obtaining the visa.

  • Step 8

    Obtain the Green Card

    The Green Card will be sent to applicants within 1-2 months; Applicant is eligible to apply for U.S. Citizenship after 5 years.

Contact Us

For a Complimentary Consultation.


Please address any inquiries to us through the form so that the relevant department may respond you.

Walton American Investor Immigration Limited

Email: info@waltonaii.com

Whatsapp : +852 6373 5919


Hong Kong:+852 3185 1818

United States: +1 833 217 1715

China: 400 120 3096

UAE: +971 (0) 54 488 8673 / +971 (0) 552 000 191

Singapore: +65 81004186





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