How to Move From EB2 to EB1 Upgrade

Many people who have secured approval of an EB-2 visa petition are wishing to “upgrade” to an EB-1 petition based on their National Interest Waiver (NIW). It is possible to move from one visa category to another while maintaining your priority date, but this process can be complicated. There are several factors that need to be considered before deciding on this option, so it is important to consult with a knowledgeable immigration attorney.

Can I get EB1 with Masters?

The EB-1 is a more prestigious visa than the EB-2, and it requires more stringent requirements such as advanced degrees or exceptional ability. It is also less oversubscribed than the EB2 and, therefore, it is not uncommon for applicants to see their priority dates advance much faster in the EB-1 category than in the EB2.

As a result, it is not unusual for someone who has an approved I-140 petition under the eb2 to eb1 upgrade. However, in order to do so, the applicant will need to secure a new employer and submit a new I-140 petition that meets the EB-1 qualifications.

It is important to note that if the new job does not meet the EB-1 requirements, the petition will be rejected by USCIS and the beneficiary will lose their priority date. It is therefore crucial to ensure that the new employer has a strong business plan and is capable of sponsoring foreign workers. This is the only way to successfully move from EB-2 to EB-1.

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