The first step towards applying for the eb-1 green card with the o-1 visa is to go through the requirements and confirm your eligibility. It is also advised that applicants apply for the eb-1 visa when they are at the peak of their career as the uscis wants to know how they can contribute more in their field of expertise.
Applying for a green card from the o-1 visa
the applicant can apply for the eb-1 in either of the following ways:
employer petition
employer petition
an employer will need to file a petition for the applicant just as it was done for the o-1 visa.
Porting Priority Date from EB-2 to EB-1
For the month of august 2021, uscis will consider final action dates for filing i-485 petitions.
As of august 2021 visa bulletin, eb2 priority date for indian nationals is jan 1, 2011. Eb3 priority date for indian nationals is july 1, 2013.
When an applicant requests a transfer of the adjustment application from one basis to another, the priority date must be current for the category the applicant wishes to use. In order to transfer an adjustment application to a new basis involving a preference classification, the applicant must be the beneficiary of a pending or approved visa petition which has a visa available. The date on which the transfer request is filed controls for purposes of determining whether an immigrant visa number is available, not the date on which the initial petition supporting the adjustment application was filed. For example, in order for an applicant who concurrently files an adjustment application with a preference petition filed by employer a on march 3, 2013 to transfer the pending adjustment application to another preference petition on august 25, 2014, an immigrant visa number must be immediately available on august 25, 2014, under the new basis.
Chapter 4 - Multinational Executive or Manager
Beginning january 30, 2023, u. S. Citizenship and immigration services (uscis) will accept form i-907, request for premium processing service, for form i-140, immigrant petition for alien workers e-13 (eb-1c) multinational executive and manager petitions and e21 ( EB-2 ) national interest waiver (niw) petitions. On january 12, 2023, uscis announced that this move is part of “the final phase of the premium processing expansion for form i-140” and applies to all previously filed and new form i-140 petitions under these classifications. Uscis announced in september 2022 that the expansion of premium processing to additional form types was a part of uscis’s effort to increase efficiency.
U. S. Citizenship and immigration services is implementing the final phase of the premium processing expansion for form i-140, immigrant petition for alien workers , under the eb-1 and eb-2 classifications. Unlike previous phases of the expansion, this phase applies to new (initial) petitions, in addition to all previously filed form i-140 petitions under an e13 multinational executive and manager classification or e21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (niw). Petitioners who wish to request premium processing must file form i-907, request for premium processing service. Beginning jan.
These materials are provided solely for informational purposes and are not legal advice. Transmission of these materials is not intended to create, and receipt does not constitute, an attorney-client relationship. Readers should not act upon the information contained in these faqs without first seeking advice from a qualified attorney. What is a “priority date?” the immigration and nationality act sets limits on how many green card visas may be issued each fiscal year (october 1 through september 30) in all visa preference categories (i. E. , eb-1, eb-2, eb-3). The law mandates that no one country may have more than a specific percentage of the total number of visas available annually.
Individuals from those countries facing a green card backlog are required to wait years, if not decades, for the visa bulletin to inform that priority dates are current and that individual can finally file for a long sought-after green card. In that time, life moves on; people buy homes, build families, and develop distinguished careers. Common to almost every human is the reality that we may one day change employers—voluntarily or otherwise. When an individual awaiting an eb-2 or eb-3 green card meets that reality and changes employers, they are left with questions as to the status of their green card journey.