While waiting years for an immigrant visa under the employment based EB3 category, workers often consider eb2 to eb1 upgrade conversion process to advance their cases. In particular, for foreign nationals from oversubscribed countries such as India and China, advancing their applications to the EB-1 Extraordinary Ability category can dramatically shorten or eliminate their wait times because of current visa availability. However, it is important to understand that there is no “magic formula” for porting a petition from eb2 to eb1 upgrade conversion process Exceptional Ability application and it is necessary to prepare a fresh application based on the EB-1 criteria.
Can I upgrade from EB2 to EB-1 on h1b?
Fortunately, for many foreign nationals who have successfully secured approval of their EB-2 NIW petition, the evidence that was used to demonstrate their expertise, accomplishments, influence, and recognition in their fields will also be persuasive in supporting a successful EB-1 application. Thus, in the right circumstances, it is possible to move from EB3 to EB1 and, for those with children who are eligible for Child Preference Subsequent Parents (CSPA), even to obtain their Green Cards without delay.
