EB2 to EB1 upgrade - Eligibility

Hello All,

I worked as a Manager in India until 2015 and moved to the US in 2016 with the same company. I recently got promoted to Manager in the US, 2022.

My 140 got approved in 2018 in the EB2 category. Am I eligible to upgrade to EB1 now since I have manager experience in Both US and India with the same company?

Please, let me know if this path is worth pursuing. I need to your feedback and approval chances before reaching out to my company with this request.

Need your honest opinion

Requirement for managerial position to be held outside the US for at least one year in the 3 years preceeding the filing of EB1 petition.

That said I would suggest consulting your employer’s immigration lawyer to explore your qualifications around EB1 as it is a complex category.

Excerpts from USCIS.

You must have worked in a managerial or executive capacity for a firm or corporation outside the United States for at least one year during the three years before submitting your petition, and you must seek to enter the United States to continue service for that firm or organization. Your employment must have been with the same employer, an affiliate, or a subsidiary of the employer. Your employer must:

  • Be a U.S. employer; and
  • Have been doing business for at least one year as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

If you want to dive into more details, below is the policy manual.

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I am in a similar situation, please let me know how did you manage to proceed with EB1 filing.


My employer’s law firm told me it is worth trying to upgrade as i have a strong case

They also told me that depending on the officer , my application might get rejected [3 year rule]

I have decided to take the risk and apply for upgrade. Employer is filing next month