Change in Application Category EB3 - EB1

[Nitin Raj]

Good Day and Happy New Year.

My current visa status is as under :-

Visa – H1B and Green Card Applied under EB-3 (Labor and I-140 Approved).

My current role of TPO (Technical Product Owner) is a managerial and administrative role wherein I have to manage project deliveries, timelines and resources. In current role I am responsible to hire , control the salary of US / Offshore team member and determine the day-to-day activities of team members.

Please advice if we can change the Green Card application category from EB3 to EB1 on account of TPO Position and what does it take to process this change ?

Reason for Request – Current Role AND EB1 priority date is current but for EB3 wait time longer.

Thanks for your advice and Support.

[scientist2016]

EB1 & EB3 are two different streams, and hence, there is no change from one to another. Your employer has to apply afresh in EB1, whose requirements and processes are completely different from EB2/EB3. Also, just being in a managerial role is not enough for EB1. USCIS rules clearly mandate that the applicant's role be significantly strategic in nature.nature.