EB-2 “Exceptional Ability” QUESTIONNAIRE

Want to learn more about the EB-2 NIW process? Read our comprehensive EB-2 National Interest Waiver Guide for complete eligibility requirements, the Dhanasar test, and petition strategies.

Foreign Medical Professionals

A USCIS Officer reviewing a Foreign Medical Professional’s EB-2 visa application will determine whether the FMP has: (1) exceptional ability; and (2) will substantially benefit the national economy, cultural, or educational interests or welfare of the United States of America. The USCIS defines Exceptional Ability as having a degree and expertise that is significantly above that normally found within your respective field or practice. The USCIS officer will consider a totality of factors in making this determination of exceptional.

The following questionnaire is the first step in determining your eligibility for filing an EB-2 visa application. Therefore, it is critical that you answer all the following inquiries truthfully and accurately. Please be detailed in your responses and provide all the information you believe is relevant to that particular question:

EX:

NOTE: It is not necessary for you to provide the actual documentation (i.e. original evidence) at this point. This is simply a pre-screening questionnaire that will allow our Immigration Attorneys to evaluate your case.

EB-2 QUESTIONNAIRE

DO YOU CURRENTLY HAVE A JOB OFFER IN THE UNITED STATES OF AMERICA? IF YES, PLEASE DESCRIBE IN DETAIL. [IF NO, PLEASE COMPLETE THE “NATIONAL INTEREST WAIVER QUESTIONAIRRE” IN ADDITION TO THIS FORM]

  1. Official Academic Record(s). Please list any degree(s), diploma(s), certificate(s) or related awards from a college, university, school or other higher institution of learning related to the area of exceptional ability.

  2. Letters from Employer(s). Please provide a list of current or former employers that can demonstrate you have at least ten (10) years of full-time experience in the occupation for which you are seeking.

  3. Professional License(s). Please list any license(s) to practice your profession or certification(s) for a particular profession or occupation you hold.

  4. Salary and Remuneration. Please list any evidence that you receive a salary or other remuneration for services that demonstrates exceptional ability. The compensation you receive for your services in the respective field should be higher compared to the average.

  5. Memberships in Professional Associations. Please list your membership in all professional associations requiring outstanding achievements of its members.

  6. Major International Awards. Please list any major international award(s) that you have been honored with (i.e. Nobel Peace Prize).

  7. National or International Awards. Please describe any national or international recognized awards for excellence in the field of your profession/practice. Indicate the criteria for receiving the award, as well as how many people competed for it.

  8. Published Material. Please list all of your published material in reputable professional trade publications or other major media relating to your work. Include Publication, Title, Date and Author of the material. Also include any articles from major media outlets (i.e. Economist, NY Times, etc.) referring to your research or accomplishments.

  9. Panel Participation and Judge. Please list any participation, either individually or on a panel, as a judge of others’ work in the same or related field. Also indicate any expert review work for journals of international circulation within your field of expertise.

  10. Original Scientific, Scholarly or Business-Related Contribution(s). Please list any contributions of major significance in your field. [NOTE: Evidence of contributions must be able to be supported by affidavits of independent experts in the field].

  11. Authorship of Scholarly Articles in Reputable Professional Trade Publications. Please list all related publications (including the # of citations). Also list all other publicity received from major media outlets in the field of expertise.

  12. Keynote Presentations and Display of Work. Please list any conferences or major events in the field that you directly participated as a keynote speaker or spotlight individual for your work/research.

  13. Leading Role(s) within Distinguished Organization(s). Please list any reputable organizations or establishments that you hold a leading and critical role.

EB-2 QUESTIONNAIRE

PART TWO

If the Foreign Medical Professional successfully demonstrates evidence of Exceptional Ability in Part I, the evidence submitted will then be considered “in its totality” by the USCIS. Briefly, in your own words please answer the following.

  1. Please provide compelling reasons based on your experience, contributions, accomplishments and recognitions as to how your work may substantially benefit the United States of America. Consider the following as it applies: (1) How is the work you seek in an area of substantial intrinsic merit? (2) How does your work generate a beneficial impact on a national scale, rather than to a limited region in the U.S.)? (3) How will your work serve the national interest to a substantially greater degree than would an available US worker having the same minimum qualifications?

About the Authors

Mark I Davies, Esq.

Chairman of Davies & Associates; focused on EB-2 NIW strategy and complex immigration filings.

Mark I Davies, Esq. JD, University of Pennsylvania Law School, Licensed with the SRA (SRA ID: 384468) in the UK, Member Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer, Licensed (USA), Georgia State Bar. AILA Member.

Area Details
Education JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW)
Financial Training Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting
Legal Practice Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England & Wales | Former CMBS lawyer at one of the world's largest international law firms
Immigration Track Record 15+ years advising professionals and entrepreneurs | Zero denials for properly prepared EB-2 NIW petitions | Hundreds of successful cases globally
Recognition Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023)
Professional Engagements Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences