Powell Immigration Law PC | Business, Employment and Family Immigration Law | California

EB-2 Employment-Based Green Card

A basic overview of the visa is provided here. If you have further inquiries as to the application process or whether or not this is the correct route for your needs, please don't hesitate to contact us.


The EB-2 visa is an employment-based second preference immigrant visa (Green Card) allowing foreign nationals in professions with an advanced degree or exceptional ability to obtain permanent residency in the United States. Eligible foreign nationals may be:

  • A member of professions holding advanced degrees or their equivalent.
  • A qualifying individual due to exceptional ability in the sciences, arts or business so that his or her presence will substantially benefit the national economy, cultural or educational interests and general welfare of the U.S.


EB-2 for Individuals With Advanced Degrees

For this EB-2 subcategory the job the individual is applying for must require an advanced degree that the individual possesses or its equivalent (a bachelor's degree with five years of progressive work experience in the field).

Evidence establishing the applicant's credentials should include one of the following:

  • Documentation such as an official academic record demonstrating possession of a U.S. advanced degree or its foreign equivalent.
  • An official academic record demonstrating possession of a bachelor's degree (or its foreign equivalent degree) in addition to letters from employers showing at least five years of progressive subsequent work experience in the specialty.

EB-2 for Individuals of Exceptional Ability

A successful EB-2 petition due to exceptional ability (defined as a degree of expertise significantly above that ordinarily encountered) in the sciences, arts or business must be accompanied by at least three of the following:

  • An official academic record demonstrating that the applicant has a degree, diploma, certificate or similar award from a college, university, school or other appropriate institution of learning relevant to the area of exceptional ability.
  • Evidence as provided by letters from current or former employers showing that the applicant has at least ten years of full-time experience in the occupation being sought.
  • Possession of the license or certificate to practice the profession if necessary for the performance of the occupation.
  • Evidence of commanding a high salary or compensation for services demonstrative of exceptional ability.
  • Evidence of membership in professional associations.
  • Evidence of recognition for achievements and significant contributions to the applicant's field by peers, government officials or professional/business organizations.

Family of EB-2 Visa Holders

The spouses and children under twenty-one years old of EB-2 beneficiaries may be admitted to the U.S. in E-21 and E-22 immigrant status, respectively. The beneficiary's spouse is also eligible to file for an Employment Authorization Document (EAD).


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