There are two categories of employment-based visas for alien workers, EB-1 and EB-2. Both of these types of visas allow foreign nationals to secure permanent resident (green card) status in the United States through the work they do here. There are a lot of similarities between the two, but there are also differences. These include processing times, qualifying criteria for each category, and the type of aliens who can obtain them.
For instance, the EB-1 visa can be obtained by foreign nationals who have sustained international or domestic recognition as “top experts” in their fields, while the EB-2 visa is available to individuals who have advanced degrees, exceptional ability, or are eligible for the National Interest Waiver (NIW) subcategory. Similarly, the EB-1 visa has multiple subcategories, each of which is appropriate for different types of workers, and the EB-2 has several as well.
However, it is possible for people who were sponsored in one of these categories to later upgrade to the EB1 category if they meet the requirements. This process is commonly known as eb2 to eb1 upgrade.
The EB-1 visa has more stringent requirements, which tend to result in lower priority dates than those of the EB-2. This means that there are fewer applicants for the EB-1 visa each year, and the waiting time for it can be shorter than for the EB2 visa.
If an alien is approved for an I-140 petition under the EB-2 category and then submits a new I-140 petition for the EB-1 category, USCIS will allow the earlier priority date to be used in processing the EB-1 application, which is formally known as “porting” the old priority date. This can be a very helpful tool for those who want to move from eb2 to eb1 and want to reduce the waiting time for their green cards.
There are a lot of things to consider when you’re considering upgrading from eb2 to eb1. You should consult with an experienced immigration attorney for help on your specific case and situation. The attorney will be able to give you the most accurate and up-to-date information about how to proceed.