What is the exceptional ability category in the NIW criteria and do I qualify for this category?

Here’s a post by immigration lawyer Amber Davis on exceptional ability and EB-2 NIW:

Exceptional ability is a very interesting category in the NIW criteria because it focuses more on experience and less on qualifications.

Years of experience, however, is not a requirement as a high level of expertise in a field can be a substitute for years, but generally speaking, it’s best to have at least ten years of experience in your field to even have a shot at meeting the exceptional ability criterion.

A general rule of thumb is to have at least ten years of experience in your field in order to be able to argue this criterion from a position of strength.

If you do have at least ten years of experience in your field and can show that you’re established in your field, you do have a shot in getting this criterion (in place of an advanced degree).

Remember though that you’ll still be subject to a mini-final merits determination where USCIS will weigh all the factors in your case to decide if you truly have exceptional ability.

For those who don’t pursue the exceptional ability route, try to go for a master’s (a one or two year program) instead of trying to build a profile that meets the exceptional ability criterion. It might take the same amount of time, or the master’s degree might be faster.

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Interested in EB-1A, EB-2 NIW or O-1? Feel free to reach out at amber.davis@waypointimmigration.org or via LinkedIn messages and I’ll get back to you shortly!