When someone applies for an employment-based green card under EB-2, they can be backlogged for years before they receive their visa. This can be frustrating for some people, especially if they have family members waiting to join them in the United States. It is possible to “upgrade” an EB-2 petition to the EB-1 visa, which has shorter wait times. However, it is important to understand the differences between these two categories before making this decision. In this article, we will discuss eb2 to eb1 conversion, along with some of the specific requirements for each.
EB1 is a visa category for individuals of extraordinary ability, outstanding professors/researchers, multinational managers/executives, or nationals of extraordinary achievement. There are three subcategories under EB1: EB-1A, EB-1B, and EB-1C. EB1A is reserved for foreign nationals with extraordinary achievements in the fields of science, business, education, art, or athletics. EB1B is reserved for individuals with advanced degrees in fields like medicine and engineering. And EB-1C is reserved for multinational executives and managers who will be employed by an affiliated U.S. company or subsidiary.
Generally, the EB1 visa is more desirable than the EB-2 because it has lower backlogs and faster processing times. Additionally, EB1 visa holders can obtain permanent residence without the need for a labor certification, which is required for EB2 applicants.
The process of upgrading from EB2 to EB1 is called green card porting. This allows a person to change their employer and retain the original priority date for their green card application. However, this is not the only reason people upgrade from EB2 to EB1. There are also some benefits to switching categories that you may not be aware of.
A qualified immigration attorney can assess your case and help you determine which category is best for you. They can also help you gather and submit the appropriate documentation. It is important to remember that there is no “magic formula” for converting from EB-2 to EB-1, and it is important to have your attorney prepare a comprehensive package of evidence to demonstrate your eligibility. This package should include documents such as:
If you have questions about eb2 to eb1 or any other immigration issues, please contact us. Our team of experienced attorneys is here to help! We look forward to hearing from you. We speak several languages and can answer your questions over the phone, email, or in person! For your convenience, we have offices in Miami, Houston, and Atlanta.