EB-2 to EB-1 Green Card Porting: Everything You Need to Know
After investing significant time, effort, and resources to obtain an I-140 approval for the EB-2 green card, applicants still face the challenge of waiting for their priority date to become current. For nationals of oversubscribed countries like India and China, this wait can stretch into many years. By comparison, the EB-1 green card often has much shorter waiting times, making EB-2 to EB-1 porting an attractive option for eligible applicants.
While the idea of porting may sound straightforward, the process is far more complex than it appears. Essentially, it involves filing a new petition from the ground up while retaining your original priority date. Understanding the nuances of this process—and working with immigration attorneys at Green Card Link to prepare a strong petition—is critical for success.
EB-2 to EB-1 Green Card Porting
USCIS Policy Update
On September 12, 2023, USCIS updated its policy manual to provide clearer guidance on the types of evidence that may meet EB-1 eligibility standards. The update also clarified how officers evaluate the totality of evidence in determining whether applicants qualify for the first employment-based preference category.
This makes it even more important to work with experienced immigration attorneys at Green Card Link who understand how USCIS adjudicates these cases and can help craft the strongest possible application.
Who Can Benefit from EB-2 to EB-1 Porting?
If you already have an approved EB-2 I-140 but face a long wait for a visa number, you may qualify to upgrade by demonstrating eligibility for one of the EB-1 subcategories. These include:
- EB-1A (Extraordinary Ability) – For individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
- EB-1B (Outstanding Professors and Researchers) – For internationally recognized academics with outstanding achievements.
- EB-1C (Multinational Managers or Executives) – For senior managers or executives employed abroad and transferred to a related U.S. entity.
Example: Multinational Manager Path
Imagine an EB-2 applicant working in the U.S. as an IT specialist with an approved I-140. Because of backlogs, the wait for a green card could take over a decade. If the applicant later earns promotions into a managerial role, they may become eligible for EB-1C. By filing a new EB-1 petition with proper documentation, and retaining the original EB-2 priority date, they can significantly reduce their wait time for permanent residency.
However, EB-1C applicants must show at least one full year of managerial or executive experience with the company abroad in the three years prior to entering the U.S. If this requirement is not met, eligibility may be limited.
Example: Extraordinary Ability Path
Another scenario involves an EB-2 research fellow with a master’s degree in biochemistry. While waiting for the EB-2 priority date, the applicant publishes multiple research papers, gains professional recognition, and joins exclusive organizations. These achievements may qualify them for an EB-1A Extraordinary Ability petition. Unlike EB-1B or EB-1C, this category does not require employer sponsorship or labor certification—making self-petition possible.
Benefits of EB-1 Over EB-2
There are significant advantages to successfully porting from EB-2 to EB-1:
- Shorter Wait Times – EB-1 typically has fewer backlogs, offering faster visa availability.
- No PERM Labor Certification – Saves time by eliminating this lengthy requirement.
- Concurrent Filing – EB-1 applicants can often file the I-140 and I-485 together, speeding up processing.
- Work Authorization for Dependents – Concurrent filing also enables spouses and children to apply for work authorization sooner.
The trade-off is that EB-1 petitions have stricter eligibility requirements, which is why many applicants consult immigration attorneys at Green Card Link to determine the strongest category for their situation.
The 180-Day AC-21 Portability Rule
Another important consideration for EB-2 or EB-1 applicants is the AC-21 Portability Rule, part of the American Competitiveness in the 21st Century Act. This rule allows green card applicants to keep their petition valid even after changing jobs, provided:
- The I-485 has been pending for at least 180 days, and
- The new job is in the same or a similar occupational classification.
If these conditions are met, USCIS will typically continue processing the green card despite the employer change.
EB-1 vs. EB-2: Key Differences
- EB-1 Priority: Higher preference with shorter wait times.
- EB-2 Priority: Lower preference with longer queues.
- EB-1 Requirements: Extraordinary ability, outstanding professors/researchers, or multinational executives.
- EB-2 Requirements: Advanced degree or exceptional ability, often requiring PERM labor certification unless waived through the National Interest Waiver (NIW).
For professionals with exceptional achievements, EB-1 may provide a faster and more flexible pathway to permanent residency.
Final Thoughts
Porting from EB-2 to EB-1 is essentially like filing a new green card petition while keeping your original priority date—a process that can significantly shorten your wait time if done correctly. However, success requires meeting strict eligibility criteria and presenting compelling evidence to USCIS.
At Green Card Link, its immigration attorneys provide personalized guidance on whether EB-2 to EB-1 porting is right for you and help build a strong case to maximize your chances of approval.
EB-1 Green Card: A Complete Guide
The EB-1 Green Card is one of the most prestigious employment-based immigration options available in the United States. It offers faster processing compared to many other visa categories, often with little to no backlog in priority dates. Unlike other categories, applicants do not need a PERM Labor Certification to qualify. However, delays can occasionally occur when demand exceeds available visas.
There are three main categories under the EB-1 Green Card program: EB-1A, EB-1B, and EB-1C.
EB-1A: Extraordinary Ability
The EB-1A category is designed for individuals who have achieved extraordinary success in their field, whether in science, business, education, the arts, or athletics. Applicants must demonstrate sustained national or international acclaim.
Examples of qualifying evidence include:
- Winning a major internationally recognized award, such as a Nobel Prize
- Receiving national or international awards in your area of expertise
- Membership in organizations that require exceptional achievement for entry
- Having your work featured in major media publications or journals
- Publishing scholarly articles in academic or professional outlets
- Making original, significant contributions to your field
- Having your work displayed in exhibitions or public showcases
- Holding a leading or critical role in a distinguished organization
- Earning a high salary that sets you apart from peers in your field
EB-1B: Outstanding Professors and Researchers
The EB-1B category is available to professors and researchers who have achieved international recognition in their academic discipline. To qualify, you must:
- Possess at least three years of teaching or research experience in your field
- Hold an offer for a tenure-track or comparable research position at a U.S. institution
- Demonstrate international recognition for academic achievements
EB-1C: Multinational Executives and Managers
This category is reserved for executives and managers employed by multinational companies. To qualify, you must show:
As a Manager:
- Authority over a function, department, or key component of the business
- Responsibility for supervising staff, with authority to hire and fire
- Control over daily operations and activities
As an Executive:
- Oversight of managers or departments within the organization
- Authority to establish company policies, goals, and long-term plans
- Power to make critical decisions without direct supervision
Employer Requirements:
- Must be a multinational U.S. company with a branch, subsidiary, or affiliate abroad
- Must have conducted business in the U.S. for at least one year before filing
- Applicant must have been employed outside the U.S. in a managerial or executive role for at least one of the past three years
Key Points to Remember Before Porting
- EB-1A applicants do not need an employer sponsor or a PERM Labor Certification.
- EB-1B and EB-1C do not require PERM but do require a U.S. job offer.
- Premium Processing is available across all EB-1 categories.
EB-2 vs. EB-1 Filing Fees
- Form I-140 Filing Fee: $715 (same for EB-1 and EB-2)
- PERM Costs: Required only for EB-2 (without NIW), not EB-1
- Premium Processing & I-485: Generally $1,440 for both categorie
- Attorney Fees: EB-1 petitions often require more extensive evidence gathering, while EB-2 PERM involves additional recruitment costs.
How Priority Dates Work
When your employer or you file Form I-140, the filing date becomes your priority date. Each month, the Department of State issues a Visa Bulletin that lists the final action dates for all green card categories.
- Once your priority date is current, you may file Form I-485 to adjust status.
- The biggest advantage of EB-1 is that its dates are typically current across all countries, allowing faster status adjustment.
- In many cases, you may file Form I-140 and I-485 concurrently.
EB-2 to EB-1 Porting
When your employer or you file Form I-140, the filing date becomes your priority date. Each month, the Department of State issues a Visa Bulletin that lists the final action dates for all green card categories.
The process involves:
- Reviewing eligibility and gathering evidence (awards, publications, patents, memberships, expert letters, etc.)
- Filing a new Form I-140 under EB-1 with supporting documentation
- If approved, porting your EB-2 priority date to your EB-1 petition
Frequently Asked Questions
Can EB-2 priority dates be ported to EB-1?
Yes. Porting is possible if you meet EB-1 eligibility criteria. Immigration attorneys at Green Card Link will guide you through evidence preparation, filing, and responding to USCIS requests.
Is EB-1 faster than EB-2?
In most cases, yes. EB-1 priority dates are usually current, making processing quicker.
What about salary differences in job offers?
Salary discrepancies alone do not disqualify an applicant. USCIS primarily evaluates whether the job classification is “same or similar.”
Does job location affect portability?
No, the new role does not need to be in the same location as the original petition.
What if I never worked for the sponsoring employer?
Your petition may still be valid if you can demonstrate the job offer was genuine.
What if visas are unused in other categories?
USCIS uses a “fall up/fall down” system—unused EB-4/EB-5 visas may roll into EB-1, and unused EB-1 visas may roll into EB-2.
What status do I need while porting?
If you are on H-1B, your new employer can file for an extension. Other visa holders may require an Employment Authorization Document (EAD).
How Green Card Link Can Help
The process of porting from EB-2 to EB-1 or directly applying for EB-1 can be complex. At Green Card Link, its immigration attorneys bring years of experience handling employment-based green card cases, guiding clients through every step—from eligibility assessment to final approval.
Schedule a consultation today to learn how Green Card Link can help you achieve your immigration goals.