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  • EB2 to EB1 change of category

    Hi,
    My I-140 is in approved status in an EB2 category. I've been growing within my organization and I think I meet the below three criteria listed on USCIS link for EB1 (https://www.uscis.gov/working-united...reference-eb-1) under the section for "extraordinary ability":
    * Evidence that you have been asked to judge the work of others, either individually or on a panel
    * 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

    Do you have information that I can qualify for the change of category since I might have met 3 criteria listed above? Do you have any information on how do I make my case stronger to qualify in the above categories?

  • #2
    You wouldn't change your category by having your employer amend their I-140. Instead, you will just file another I-140.

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    • #3
      Originally posted by videsi View Post
      Hi,
      My I-140 is in approved status in an EB2 category. I've been growing within my organization and I think I meet the below three criteria listed on USCIS link for EB1 (https://www.uscis.gov/working-united...reference-eb-1) under the section for "extraordinary ability":
      * Evidence that you have been asked to judge the work of others, either individually or on a panel
      * 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

      Do you have information that I can qualify for the change of category since I might have met 3 criteria listed above? Do you have any information on how do I make my case stronger to qualify in the above categories?
      USCIS has the information to check whether you qualify for EB1A or not. The well established precedent in this matter is the ruling in the case of Kazarian vs USCIS, which you can read.

      Just my opinion: Typically the last two criteria you cited above are not often used because:
      1) Criterion 2 is open to subjective interpretation and hence hard to dispute if USCIS does not agree with you.
      2) Criterion 3 needs hard data evidence (from say labor data statistics or some such source) which established the distribution of salaries for your peers, and then establish that you are in the top 1-2% there.

      Hence, if possible it would be better to try and meet a couple of other criteria too.
      Just an opinion; Not legal advice.

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