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EB2 to EB1 Porting | How to Upgrade, Priority Dates, Eligibility

EB2 to EB1 Porting

Getting an EB2 green card is an achievement all in itself. Compared to some of the other green card categories, it possesses many advantages. However, there are some applicants that may find themselves waiting a long time for their EB2. In those cases, it may be beneficial to apply for EB2 to EB1 porting. However, qualifying for this conversion will not be easy.

EB2 and EB1 Differences

Before we get into the process of EB2 to EB1 porting, we first need to understand what goes into acquiring each green card and the differences between them.

EB2 green card

The EB2 is designed for people who fall into one of two categories:

  • Foreign nationals that have obtained an advanced degree (master’s or higher) in their field.
  • Foreign nationals that possess exceptional ability in their field. To prove your ability, you need to submit evidence of at least three of the following requirements:
    • A specialized degree relating to your field
    • Proof of 10 years of experience in your field
    • Any licenses or certifications related to your work
    • Command of a substantial salary in your field
    • Recognition from your peers or awards
    • Membership in an association related to your field

Without a National Interest Waiver, all EB2 applicants must have a job offer from a U.S. employer and therefore have that employer acquire a PERM Labor Certification on their behalf.

EB1 Green Card

The EB1 is the most prestigious employment-based green card available. It has no priority date wait times and applicants for the EB-1A visa do not need a PERM Labor Certification. Here are the three categories of EB1 green cards.

  1. EB-1A: This is for foreign nationals with extraordinary achievement in the fields of science, business, education, art, and athletics. These achievements can come as an award such as the Nobel Prize or three of the following types of forms:
    • Nationally or internationally recognized awards in your field
    • Being a member of an organization in your field that requires extraordinary achievement for entry
    • Having media or journal publications recognize your work
    • Publishing your own work in scholarly articles or professional journals
    • Having made significant contributions to your field
    • Having your work displayed at an exhibition
    • Retaining an impacting role in an association or organization that has a reputation in your field
    • Commanding a large salary that distinguishes you in the field
  2. EB-1B: This is for outstanding researchers and professors. To qualify, you must:
    • Have at least three years of experience teaching or researching in your field
    • You have been offered tenure or a research position that does not have a fixed term
    • International recognition in your academic field
  3. EB-1C: This category is reserved for executives and managers.
    1. To qualify as a manager, you must meet these requirements:
      • You must manage a function, component, or function of the organization
      • As a manager, you must be able to supervise the work of subordinates and have the ability to fire and hire them.
      • You must be able to control daily activities and tasks
    2.  To qualify as an executive, you must fulfill the following requirements:
      • Control managers in the organization
      • Create plans and goals
      • Be able to make far-reaching decisions without supervision
    3. The employer must also meet some requirements:
      • It must be a multinational U.S. organization with a branch, subsidiary, or affiliate in a foreign country
      • The employer must also have been doing business in the U.S. for at least a year before filing the petition.
    4. Additionally, you must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

How the Priority Dates Work

For all green cards, you or your sponsor must file a petition. When the USCIS receives your petition, that date will become your priority date. Each month, the Department of State releases final action dates in their visa bulletin.

When your priority date matches or passes the final action date in your country and category, your date will be considered “current” and a visa number will become available for you. You will then be able to submit an I-485 to change your status.

The primary benefit of EB2 to EB1 porting is to reduce the amount of time you need to wait for your priority date to be current. The advantage of applying for an EB1 is that all dates are current no matter which country you hold your citizenship. That means that as soon as your I-140 is approved, you will be able to adjust your status without waiting.

EB2 to EB1 Porting

So now that we know the requirements for obtaining an EB1 green card, we can finally see about EB2 to EB1 porting. Keep in mind that just because you feel as though you are qualified, doesn’t mean that the USCIS will accept your petition. Work with an immigration attorney to gather evidence and solidify your case before filing. This process is much more delicate than porting from an EB3 to an EB2 green card.

If you have already had an I-140 petition approved for an EB2 green card and you are from either China or India, you will have to wait several years before a visa number will become available. To bypass this wait time, you could conceivably go through EB2 o EB1 porting if you qualify.

In order to be considered eligible for the upgrade, however, you must not only obtain the necessary qualifications for one of the EB1 categories, but you must also obtain a job that fits your newfound qualifications. Here is an example:

Rateesh has gotten an approved I-140 for his EB2 green card as an IT specialist for a multinational company. However, because he is from India, his priority date will not be current for at least nine years. During this time, he receives several promotions that land him in a managerial position within the IT company.

EB2 to EB1 Porting Process

In this example, Rateesh might be qualified for EB2 to EB1 porting. To do this, he would need to work with his immigration attorney to gather the evidence required to prove his qualifications to the USCIS. He will then need to start from scratch and have his employer obtain a new PERM Labor Certification for him, once again exposing the employer to the possibility of an audit.

Then, his employer can file a second I-140 under the new EB1 category. This will allow him to retain his priority date from the first petition. As soon as the new I-140 petition is approved, a visa number will become available as all countries have current priority dates for the EB1 green card.

Note: in the unlikely event that you were able to secure international acclaim and awards such as the Nobel Prize, you may be eligible for an EB-1A green card and so would not need a PERM or an employer to petition again.

How Our Attorneys Can Help

The process of porting from one green card to another is a very delicate legal situation. As with most circumstances like this, you definitely should never attempt to go through it alone. Our attorneys are seasoned experts at employment-based immigration and have helped people get through the most difficult circumstances.

When it comes to something as important as your green card, you need to know that your case is in the right hands. To get in touch with one of our immigration attorneys and schedule a consultation, you can fill out our contact form and tell us about your case.

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