Asked in Immigration Law for California

Q: Dear Sir or Madam, I have some questions regarding the EB-2 visa with a particular focus on the exceptional ability.

As I’ve seen, the applicant has to fulfill three out of six immigration. My questions concern the following criteria:

1. official academic record showing that you have a degree from a university

2. membership in a professional association(s)

3. recognition for your achievements and significant contributions to your industry or field by your peers, professional or business organizations

My questions relate to the above mentioned criteria:

Are there any restrictions regarding the official academic record? Does a three year long Bachelor degree suffice for this criteria? Does this degree have to be equivalent to a US degree or is this only necessary for the EB-2 advanced degree area?

What kind of restrictions are mentioned concerning the membership in a professional organization? Is one membership enough?

Concerning the recognition for your achievements: Does this criteria only apply to awards or is it also possible to present media publications to fulfill this criteria?

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1 Lawyer Answer
Allen C. Ladd
Allen C. Ladd
Answered
  • Immigration Law Lawyer
  • Greenville, SC

A: Your answer is incomplete on Justia but I can answer your question about the "degree" requirement for exceptional ability. The law actually states" "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."

So it looks very broad, and reasonable. "Relating to the area" standard.

I anticipate you will have good questions on the other points. You would do well to consult with an experienced immigration attorney.

ACL

1 user found this answer helpful

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