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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 to cover attorney’s fees
  • The cost to advertise this position (this is variable)

Step 2—Permanent Residency Petition:

  • $6,000 to cover attorney’s fees for the main beneficiary
  • $700 to cover the filing fee for the main petition with the USCIS
  • $2,500 USCIS premium processing fee (optional)

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

  • $2,500 attorney’s fees for the principal beneficiary
  • $1,500 attorney’s fees for each family member
  • $1,225 USCIS fee each person, (or $750 for each person under the age of 14)

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
  • $120 AOS Processing Fee
  • $325 Consular Processing fee per person
  • $220 Permanent Resident Card

EB-2 with National Interest Waiver (NIW)

Step 1—Permanent Residency Petition:

  • $6,000 attorney’s fees
  • $700 USCIS filing fee for Employment Petition
  • $2,500 USCIS premium processing fee (optional)

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

  • $2,500 attorney’s fees for the principal beneficiary
  • $1,500 attorney’s fees for each family member
  • $1,225 USCIS fee each person, (or $750 for each person under the age of 14)

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
  • $120 AOS Processing Fee
  • $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

What Our Clients Are Saying
ECS
ECS Jul 11, 2024
5.0

Atty. William Jang helped my son's now wife with a change of visa and later after marriage to apply for a green card. In both instance, Mr. Jang was outstanding, he is absolutely and expert in immigration and understand the ins and outs. We were successful in both instances and my daughter in law... Read More

Kalpesh Oza
Kalpesh Oza Mar 16, 2024
5.0

William is very powerful immigration lawyer. We applied from Australia and received our EB3 immigrant visa in the Sydney US Embassy. And we received our Green Card within a month after arriving in the US. Process was complicated and was not easy. He dealt with NVC and the Sydney US embassy to... Read More

ROMEO VELIAJ
ROMEO VELIAJ Feb 20, 2024
5.0

Highly recommend.

Angie Apo
Angie Apo Feb 02, 2024
5.0

The staff and Atty. Jang are very helpful and accommodating. I can personally attest how they helped my fiance and me in my visa journey! They will prepare everything for you. All you have to do is gather all the documents they needed and signed. They will do the rest. Visa already issued as I've... Read More

Apolonio Hernandez
Apolonio Hernandez Jan 31, 2024
5.0

Angie and I are super satisfied with the service we received from Law Office of William Jang and his staff. Mrs. S. Hernandez was extremely patient and efficient with our K-1 Visa application. I understand the chaos at the border was a drag on our process, but their work on our K-1... Read More

Rosalinda Gonzalez de Cardenas
Rosalinda Gonzalez de Cardenas Jan 25, 2024
5.0

FUE UNA EXCELENTE EXPERIENCIA LA QUE TUVIMOS CON EL LIC. WILLIAM JANG, QUIEN ES SOBRESALIENTE EN SU CARRERA POR SU EFICIENCIA. TANTO ÉL COMO SU ASISTENTE SON MUY AMABLES Y ESTAN MUY AL TANTO DE LOS CASOS. MUY RESPONSABLE Y DIGNO DE TODA CONFIANZA. MI ESPOSO Y YO EN MENOS DE SEIS MESES TUVIMOS LA... Read More

Dorina Selenica
Dorina Selenica Jan 04, 2024
5.0

I Highly recommend Mr. Jang proved to be an exceptional advocate. Mr. Jang is an outstanding immigration lawyer who exceeded all our expectations. His expertise, patience, responsiveness, and genuine care for his clients make him an invaluable guide in navigating immigration law. Mr. Jang was very... Read More

Andrew
Andrew Nov 03, 2023
5.0

William Jang and his team did an amazing job with our US spousal visa. They were friendly, helpful, and responsive to questions. They drafted documents effectively and offered clear guidance throughout, managing expectations well. We will certainly continue to use them for future immigration legal... Read More

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