Proting Eb2 to Eb1 After I140 Will I Have to Start All Over Again?
How-To Guide for EB2 to EB1 Porting
Posted past Frank Gogol
Updated on March 16, 2022
Many people take to await to receive an EB-2 green bill of fare. Just as excited as they are for their new card, it can take a few years until they finally receive their certificate. Every bit a result, many consider EB2 to EB1 porting, as EB-1 waiting times are not every bit long as the ones for EB2. What is this porting, though, and how does the process unfold? Read on to find out more.
What Is Green Carte Porting?
Green carte du jour porting means switching from an EB-ii dark-green card to an EB-1, basically filing for a new light-green carte from scratch. With greenish card porting, y'all can go a new green card while maintaining the initial priority date from the other carte.
EB Visa
An EB visa, aka employment-based immigrant visa, is a type of visa that allows you to emigrate to the U.Southward. as a foreign worker, and for a permanent menses too. These visas also allow yous to utilize for permanent residency in the country. However, there are unlike types of EB visas, and ii of them are the EB-1 visa and the EB-2 visa.
EB1 Visa
EB-one green cards are pretty much the best employment-based visas you lot can become. They are very prestigious and give you lot a lot of benefits, with one of them being the fact that you don't have to wait for priority dates. Moreover, no PERM Labor Certification is needed from you.
EB1 visas likewise split into multiple types, each of them with its own requirements. For instance, with an EB-1A, there is no PERM Labor Certification needed, nor a chore offering. Meanwhile, with EB-1B and EB-1C visas, you lot will non require a PERM either, but you will need a chore offer. With the latter, yous will as well non take the premium processing service, which can be a little frustrating.
Each category of EB-i visa has its own requirements, and they are all different from each other, being suitable for diverse types of people. For case, an EB-1A visa is for foreign nationals that accept extraordinary achievements in fields such as business concern, athletics, science, fine art, or education. The achievements can exist either the Nobel Prize or iii forms such as:
- Getting the recognition of the media or journal publications
- Awards in the field that are either nationally or internationally recognized
- Significant contributions that you made to your particular field
- Having your ain piece of work published in professional journals or scholarly manufactures
- Being function of whatever organization that simply allows entry if y'all've had extraordinary achievements in your specific field
- Having a large salary that makes you easily distinguishable in your field
- Having an exhibition displaying your work
- Having an important part in an organization or clan with a good reputation in your field
EB-1B visas are for either outstanding professors or researchers. You will demand international recognition in the particular academic field in lodge to qualify. Or you lot must have been offered some research position or tenure without a fixed term. Another requirement would be having at least three years of experience in researching or education in the specific field yous've called.
Lastly, EB-1C visas are meant for managers and executives. If you lot want to qualify equally an executive, then you lot must be able to brand plans and goals, as well as control the organisation'due south managers. You should be able to make some good decisions under no supervision every bit well. For managing director qualification, you will accept to exist able to command tasks and activities every twenty-four hour period, and have what it takes to manage components or functions of the organization. Supervising the subordinates' piece of work is necessary too, too as beingness able to hire and burn down people.
There are other requirements likewise, for employers, such as having been doing business in the U.S. at to the lowest degree a yr before you lot filed the petition or working for a multinational organization that has a subsidiary, co-operative, or affiliate in another country. Before filing the petition, y'all should have worked outside the U.S. three years preceding your petition for at least a year.
EB2 Visa
EB2 visas are dissimilar from EB1 ones and they are meant for either foreign nationals with an advanced degree in their specific field or foreign nationals with amazing abilities in that field. If y'all're part of the second category, you will have to submit bear witness of it, such every bit:
- Proof of 10 years of feel
- A specialized degree related to the field
- Membership in associations of the field
- Certifications or licenses related to your work
- Awards
- Peers recognition
- Substantial salary control
Y'all need a job offering from a U.S. employer if yous don't have an NIW.
What's the Difference?
The difference between the two is the processing time, equally the EB1 is much faster than the EB2 visa. Another difference is the blazon of workers that tin can work under these visas. Different categories of workers tin obtain them. Likewise, while the EB-ii is a unmarried category, EB-1 has three categories, suitable for different workers and with different requirements for each.
How to Port EB2 Visa to an EB1 Visa?
If you want to port from your EB-2 to an EB-1 visa, you need to be eligible. This ways you must have the qualifications for an EB-1 category, and get a job that fits these qualifications.
For instance, let's say you practical for an EB-2 dark-green bill of fare and your I-140 got canonical. Yous got it for a multinational company, but depending on where you come up from, it might take years until you tin have a current priority date. In the concurrently, yous go along receiving some positions as a manager inside the same visitor after receiving promotions.
As such, you volition exist able to apply for EB-2 to EB-one porting. You need to qualify for the USCIS, though, in which case information technology's essential to piece of work with an immigration chaser who volition help you collect proof of your qualifications.
Your employer can besides file another I-140, but under the EB-1 category instead, and this volition help you lot go along the priority date from the initial petition. When USCIS approves this petition, then you volition have a visa number available.
180-Day Portability Rule
In some cases, y'all might lose your job later on yous submitted your EB application, or you decided to alter it. Luckily, y'all can have the awarding retained even if you're not working for the same employer who sponsored the petition.
There's a thing known as the 180-day portability rule. Information technology became effective back in 2000 and is role of the American Competitiveness in the 21st Century Act. Basically, it refers to the problems that yous may encounter after yous filed your I-140 class. Moreover, information technology talks about the way all applicants have to look for their condition adjustment. According to the dominion, the I-140 petition will maintain its validity, even in case you lose your chore or change it.
Of course, for this to happen, yous need to encounter some requirements. For instance, your new job needs to encounter the same occupational classification stated in the initial petition that had the I-140 canonical. In add-on, the I-485 must have been filed and awaiting for 180 or more than with USCIS.
Conclusion
If y'all want to port from an EB-two green card to an EB-one, information technology'south important to know how the process goes, and see the differences between the visas. We hope this postal service was able to help.
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