EB-2 to EB-1 Porting: Fast-Track Your Green Card
Discover how EB-2 professionals are porting to EB-1 and accelerating their U.S. green card approval. Convert from EB-2 to EB-1: Priority Date Porting Made Simple by the
Shawn Sedaghat Law Firm
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How to Port EB-2 to EB-1
Porting from EB-2 to EB-1C or EB-1A lets you retain your EB-2 priority date while reapplying in a faster preference category.
Porting from EB-2 to EB-1: How to Use Your EB-2 Priority Date to Fast-Track Your Green Card
If you’re currently in the EB-2 visa category, there’s a strategic opportunity that could help you move faster toward a green card: it’s called EB-2 to EB-1 porting. This process allows you to retain your EB-2 priority date while applying in the EB-1 category, which often has shorter wait times and fewer backlogs.
Why Start with EB-2?
Many professionals find it easier to qualify for EB-2, particularly under the National Interest Waiver (NIW). It doesn’t require a job offer and has a lower bar for documentation compared to EB-1. That’s why a smart strategy is to:
Start with EB-2 NIW to establish a priority date.
Build up your qualifications.
Convert to EB-1 when you’re ready—while keeping your original place in line.
This is known as EB2 NIW to EB1 conversion, and it’s both legal and strategically advantageous.
What is EB-2 to EB-1 Porting?
Porting means using your EB-2 priority date for a new EB-1 petition. The benefit is that you don’t lose time—you get to keep your earlier date, even though you’re applying in a different category.
This strategy is common for people searching topics like:
EB2 to EB1 porting eligibility
EB2 to EB1 with different employer
H1B EB2 to EB1 porting
Porting or Converting or a New EB-2 to EB-1
Peace of Mind
Career Stability
Timeline and Process for EB2 to EB1 Porting
You keep your EB-2 priority date and file a new EB-1 petition.
You do not need to withdraw your EB-2 case.
If EB-1 is current, you can often file the I-140 and I-485 concurrently, speeding up your green card process significantly.
This approach is frequently used by professionals in H1B EB2 to EB1 porting situations.
EB1 and E2 NIW Tell Their Stories
Frequently Asked Questions About EB-2 to EB-1 Porting
1. Can I port from EB-2 NIW to EB-1?
Yes, you can. If you’ve already filed or been approved for an EB-2 National Interest Waiver (NIW), and you later qualify under the EB-1A (Extraordinary Ability) or EB-1C (Multinational Executive/Manager) categories, you can port your EB-2 priority date to a new EB-1 petition. This allows you to retain your place in line and potentially speed up your green card process, especially if EB-1 is current while EB-2 is backlogged.
2. What are the key differences between EB-1 and EB-2?
The main difference lies in eligibility requirements and processing speed:
EB-1 is for individuals with extraordinary ability, outstanding professors/researchers, or executives/managers of multinational companies.
EB-2 is for professionals with advanced degrees or those with exceptional ability, including those applying under the NIW provision.
Generally, EB-1 is harder to qualify for but often has shorter wait times due to fewer backlogs.
3. How hard is it to get an EB-1 green card?
It depends on the category. EB-1A requires substantial evidence of national or international recognition—such as publications, patents, awards, or media coverage. EB-1C demands a clear managerial or executive role within a qualifying multinational company. It’s more selective than EB-2, but if you’ve already made progress under EB-2 NIW, much of your work may also support an EB-1 case.
4. How do I convert EB-2 to a green card?
You don’t need to “convert” in the traditional sense. EB-2 is already a green card path. If your EB-2 I-140 is approved and your priority date becomes current, you can adjust status (I-485) or go through consular processing to receive your green card. However, if your EB-2 is backlogged, filing a new EB-1 petition while retaining your EB-2 priority date is a valid strategy to accelerate approval.
5. What are the steps to convert from EB-2 to EB-1?
Here’s a simplified version of the process:
Evaluate EB-1 Eligibility – See if you meet the requirements for EB-1A or EB-1C.
Prepare a New EB-1 Petition (I-140) – Highlight achievements or roles that satisfy EB-1 standards.
Reference Your EB-2 Priority Date – When filing the EB-1 petition, request to port the earlier EB-2 date.
Concurrent Filing (If Eligible) – If EB-1 is current, file Form I-485 with your EB-1 I-140 to save time.
Wait for USCIS Decision – Each case is evaluated independently.
6. If I’m not eligible for EB-1, should I still file for an EB-2 National Interest Waiver?
Absolutely. The EB-2 NIW is a valuable foundation, especially if you’re not quite ready for EB-1. It lets you:
Self-petition (no employer needed)
Establish a priority date
Begin building a record of national interest or exceptional ability
Later, if you become eligible for EB-1, you can port your EB-2 date to your EB-1 petition and move forward faster.
NIW Eligibility Requirements
First of all, the national interest waiver, or NIW category, requires that the applicant have an advanced degree or exceptional ability.
The Advanced Degree requirement includes a master’s degree, a Ph.D. or other post-baccalaureate degree (or a Bachelor’s degree and five years of experience)
The Exceptional Ability requirement can be demonstrated by extensive documentation showing that the applicant satisfies at least three of the following:
An official academic record showing that the applicant has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability.
Letters documenting at least ten years of full-time experience in the applicant’s occupation.
A license to practice the profession or certification for the applicant’s profession or occupation.
Evidence that the applicant has commanded a salary or other remuneration for services that demonstrates exceptional ability.
Membership in one or more professional associations, which requires achievement in order to be a member.
Recognition for achievements and significant contributions to industry or field by peers, government entities, or professional or business organizations.
Once this primary requirement is met through one of the two methods mentioned above, the applicant then needs to satisfy every part of a three-prong test established in a case called Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). The requires the applicant to show:
The proposed work has both substantial merit and national importance.
The applicant is “well positioned” to advance this proposed work, and
On balance, it would be in the national interest to grant a waiver of the usual employment and labor certification requirements.
Note: In a January 2022 USCIS update to its Policy Manual, the Service placed particular emphasis on STEM graduates and entrepreneurs seeking national interest waivers.
EB-1A Eligibility & Requirements
The Aliens of Extraordinary Ability category or EB-1A has specific criteria. There are ten criteria that individuals can use to demonstrate their eligibility for an EB-1A visa. These criteria are:
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Evidence of your membership in associations in the field which demand outstanding achievement of their members
- Evidence of published material about you in professional or major trade publications or other major media
- Evidence that you have been asked to judge the work of others, either individually or on a panel
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
- Evidence that your work has been displayed at artistic exhibitions or showcases
- Evidence of your performance of a leading or critical role in distinguished organizations
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
- Evidence of your commercial successes in the performing arts
USCIS’s analysis does not end with the above. Even after showing eligibility based on the above, the EB-1 applicant must show that he is an alien of extraordinary ability through what is known as the Final Merits Determination, which includes a review of sustained national or international acclaim and a high level of expertise.
