It can be difficult to navigate the immigration laws in the United States, particularly when it comes to work-based visas. Many people first apply for an EB-2 visa, which demands that professionals, skilled workers, and those with advanced degrees be given less priority.

If prospects and professional pathways change, others may try to move into the EB-1 category, which is only open to those with exceptional talent (EB-1A), outstanding academics and researchers (EB-1B), and executives or managers of multinational corporations (EB-1C). We’ll go over the requirements for eligibility, the conversion process, and things to bear in mind when moving from EB-2 to EB-1 in this extensive tutorial.

Eligibility for EB-2 to EB-1 Porting

Understanding the differences between EB-1 and EB-2 visa categories is crucial before beginning the porting procedure. The EB1 visa is intended for people who have attained international recognition, have exceptional talent in their industry, or are in executive roles in global companies. In comparison, professionals with advanced degrees or extraordinary abilities are eligible for the EB-2 visa, which has slightly less severe requirements than the EB-1 category.

In order to be eligible for porting from EB-2 to EB-1, applicants need to fulfill the requirements for the EB-1 category they want to apply for. This could be exhibiting exceptional talent in the sciences, arts, business, education, or sports; being an exceptional researcher or professor; or having executive or managing positions in global corporations. Furthermore, candidates need to present proof of consistent success and recognition in their disciplines.

Steps to Convert from EB-2 to EB-1

  1. Determine Eligibility: Carefully consider your credentials and accomplishments to see if you fit the requirements for the intended EB1 category before beginning the porting procedure.
  2. Compile Records: Assemble extensive supporting evidence that highlights your exceptional skills, notable research contributions, leadership responsibilities, or other requirements. Awards, publications, patents, media attention, and recommendation letters are a few examples of this.
  3. Seek Advice from an Immigration Attorney: It is strongly advised to obtain advice from an accomplished immigration Attorney who specializes in employment-based visas due to the intricacy of immigration law and the stakes involved. For assistance, Members of CFIUS legal team are readily available. So, feel free to call us on 813-298-7222. You may also schedule an appointment with one of our experienced attorneys. They can assess your case, offer tailored guidance, and help with the application procedure.
  4. File Form I-140: The United States Citizenship and Immigration Services (USCIS) must receive Form I-140, the Immigrant Petition for Alien Worker, as the first step in the porting process from EB-2 to EB-1. This form, which establishes eligibility for the preferred EB-1 category, needs to be submitted with accompanying documentation.
  5. Await USCIS Decision: After receiving Form I-140, USCIS will examine the petition and any accompanying materials to ascertain if it qualifies for EB-1 classification. USCIS may ask for further information or proof during this procedure, which could take several months.
  6. Adjustment of Status or Consular Processing: If the Form I-140 petition is approved by USCIS, applicants who are currently in the country may proceed with changing their status to that of a lawful permanent resident (a green card holder). As an alternative, those who live overseas can apply for an immigrant visa at a U.S. embassy or consulate by going through consular processing.

Considerations and Challenges

Although moving from EB-2 to EB-1 can help people improve their immigration status and job opportunities, there are a few things to be aware of and possible obstacles.

  • Strict standards: Significant proof of exceptional talents or accomplishments is required in order to meet the EB-1 visa’s extremely strict eligibility standards.
  • Documentation Requirements: In order to satisfy the strict evidentiary criteria set by USCIS, applicants must carefully document their credentials and accomplishments.
  • Time Spent Processing: There may be considerable wait times and uncertainty due to the variable processing times for Form I-140 petitions and any follow-up status adjustments or consular procedures.
  • Consultation with an Immigration Attorney: To successfully manage the porting procedure, it is imperative to speak with an immigration attorney that specializes in employment-based visas due to the intricacies and stakes involved. It is best to file with a professional immigration lawyer who works with a reputable immigration law firm. Our lawyers and legal professionals are available and happy to help. In the hands of a qualified immigration attorney in the USA you can be sure the job will be done right.

Conclusion

People can improve their immigration status and take advantage of new prospects in the US by porting from EB-2 to EB-1. Through a thorough comprehension of the eligibility requirements, the acquisition of extensive supporting paperwork, and careful application process management, candidates can set themselves up for success when moving into the EB1 category.

To guarantee a seamless and successful porting process, it is highly recommended to obtain help from an experienced immigration attorney due to the intricate nature of the process. CFUIS offices are open in Bradenton, Clearwater, Tampa, Fort Myers, Jacksonville, Orlando, and Miami, and we are available to speak by appointment.

People can confidently make the switch from EB-2 to EB-1 by adhering to the suggested procedures and factors, opening the door for further career development and promotion in the US.

CFUIS stands prepared to guide you through the process every step of the way. Our experienced team is here to navigate the complexities and ensure a smooth journey toward your immigration goals. Let us be your trusted partner. Feel free to call us on 813-298-7222. You may also schedule an appointment with one of our experienced attorneys.

Other Resources: Dual Pathways: Applying for EB-1 and EB-2 Visas Simultaneously.