hannahc16

hi,
did anyone get an EB2 without a degree under exceptional ability??? if so how easy was it and what did you apply under.
we seem to apply under this as no degree but fit most of the citeria for exceptional ability (atleast 4 when you need 3)

for those who did this can you offer an advice? our companies lawyers just keep saying we need a degree even though we have given evidence that we meet the exceptional ability
thank you

destone

Under EB-2, you may either apply under "Advanced Degree" or "Exceptional Ability". If you apply under the latter, there is no spelt out requirement to hold a degree.

Also: just because your company's lawyers says X, it doesn't mean they're always right. Perhaps they have never represented someone in the specific visa category (EB-2 Exceptional Ability) you are seeking.

hannahc16

thank you we assumed that was correct, under the exceptional ability, we meet the atleast 10 years in the profession, the salary, members of professional association and business awards so that is 4. So we guessed that it would be possible to apply for this without the degree. I even have CEO backing too which i don't know whether that would help my case.

I wanted to clarify that you definatly didn't need a degree under the exceptional ability, we have been going back and forth with them on it but getting nowhere i went to them with the criteria and they didnt even acknowledge that and just mentioned the degree.

thank you

S Folinsky

It is within your rights to obtain a second opinion. Perhaps you should.

That said, your questions, as posed, are actually way too general to formulate an intelligent answer. Furthermore, I have my doubts that your question is properly formulated from what your attorneys have advised. (It is way too easy to extrapolate wrong formulations and conclusions from correct immigration advice).

As a general matter, please note that “Kazarian” type analyses applies to both “extraordinary ability” and “exceptional ability” cases.

Further general point, it is possible that on the same facts, an EB-1 extraordinary ability case will pass muster when an EB-2 exceptional ability case will not.

Good luck.

scrubbedexpat099

I had never heard of Kazarian Analysis

Here is a link: https://www.murthy.com/2011/04/07/eb...-eas-and-oprs/

S Folinsky

My good friend Bernie Wolfsdorf represented Dr. Kazarian. See this posting on what later happened to Dr. Kazarian. I’m given to understand that after he became an LPR, a further pending I-140 extraordinary ability petition was approved.

BTW, I found the Love Korean Church case to be of particular interest. The opinion is based upon the extensive administrative record below and adopts many of the arguments made before the former INS. So, Kazarian and Love Korean was ultimate validation for the attorney’s work.

steveq

Though I am degreed, I too lacked confidence that I would get the O-1 that led to my EB1-A a few years later. We had a very good attorney who really worked relentlessly to pursue all the evidence we needed. Get a good attorney.

Steve

tht

I don’t know anyone without a degree but had a friend who came over on a visa, and was surprised it was an O1, I assumed that was for Olympian and and Nobel prize winners. She worked in marketing / advertising for an international cosmetics brand.

I think the OP came on a derivative L2 visa, so they have to start from 0, I assume the O1 formed the basis for the EB1-A, I know they reused much of my L1-A then they applied for the EB1-C.

Always interested when it is a not vanilla one... I think the OP’s in Orlando FL... maybe a world renowned dolphin trainer at Seaworld.

steveq

Yes, and they look for achievments over and above the O1 too, so the two patents we filed were useful ammunition, and the half a million plus in annual sales.

hannahc16

essentially i was just asking if it was 100% neccessary to have a degree under the EB-2 exceptional ability

tht

Your best bet to answer these types of questions is to engage a lawyer who is experienced with this type of case yourself or have you employers engage one that has a track record with them. A lot of posters here came via family routes, and a lesser proportion via work based visas. I had the same issue when I came 10 years ago finding information, there were a handful of posters on here who had actual experience with an EB1c, and that’s probably one of the more common employment based routes. The best resource I found for data was this site, it’s mostly useful to look at timing once you have submitted:
https://www.trackitt.com/usa-immigration-trackers/i140 you can filter by EB2-NIW and United Kingdom and see others in that bucket.

The only person I know who filed for NIW was an Indian with a PhD.

S Folinsky

As a broad question, no, it is not. That said, as a specific question related to you, it may very well be.

On top of it, the law can be a tad fuzzy.