Generally, this is a sufficient number of visas and there is no backlog. However, backlogs do exist in the category for Indians and Chinese nationals. There is no distinction in the allocation of visas between the two second preference subcategories. As a general rule, a labor certification is required, although in some cases a national interest waiver is available. The key to demonstrating exceptional ability is to show that the applicant possesses a level of expertise above that which would normally be encountered in the field.
Exceptional ability is limited to aliens in the fields of arts, science and business.
After some debate, it now seems clear that for purposes of this category, athletics are to be considered an art. Other comparable evidence may be submitted. The INS defines a profession as an occupation in which a baccalaureate degree is the minimum requirement for entry. An advanced degree is any academic or professional degree above the level of a bachelor s degree. The Immigration and Nationality Act allows for the substitution of five years progressive experience in the field to substitute for the advanced degree.