Most of the employment based green card applications require
a sponsorship from employer. Many
employers do not wish to sponsor foreign workers to keep them dependable on the
employer longer in H-1B, G-4, L-1A, L-1B or any other nonimmigrant status. Some organizations simply do not sponsor
foreign workers as a policy matter. The companies include certain huge IT consultancy
corporations and international organizations (IMF, World Bank, IFC, UN, etc.)
Many bright foreign workers wonder if having an employer is
a must for applying for a green card.
The answer is no. Self-petition, i.e. filing a green card application
without an employer is possible.
There are several ways to self-petition for a green
card. We will discuss the most common options
that the best immigration attorneys use.
The first is National
Interest Waiver, commonly known as NIW. This is Employment Based category 2
petition (EB-2).
The second is
Extraordinary Ability Employment Based category 1 petition (EB-1 or E11).
The National Interest
Waiver. Normally, to get a green
card there must be a permanent job offer from a US employer and a completed
Labor Certification. A National Interest Waiver is a request to USCIS to waive
the labor certification requirements because of the “national interest of the
United States.” This waiver allows a foreign worker to get a green card circumventing
the extensive labor certification process and applying with a US employer.
To qualify for the NIW category an applicant must have an advanced degree (at least a Bachelor’s)
or “exceptional ability” in the
field of science, entertainment or
business. The applicant’s work and expertise must be in an "area of substantial intrinsic merit to
the US." It means work that may improve
the United States economy, wages and working conditions of US workers,
education, Health care, affordable housing, or environment. The filed of expertise must be pertaining to
an important national goal. It must
be beneficial and valuable for the United States, preferably national in scope.
The Extraordinary Ability EB-1 Category does not require an
employer either. However, generally the
requirement is much higher. The easiest
way to show extraordinary ability is to prove receiving a major, internationally recognized award in the sciences, arts,
education, business or athletics. The
alternative way is to prove sustained
national or international claim. There are ten specific categories, three
of which must be shown. The requirements
come down to four main sections:
- Memberships and judging or leading responsibilities in prestigious invitation-based organizations, panels, associations.
- Extensive published material about and/or by the applicant.
- Original, scientific, scholarly, artistic, athletic or business-related contributions of major significance in one field.
- A lot of money and overall commercial success.
These categories may be proved by using different
documents. Expert opinions are heavily considered,
especially prepared by the experts who do not know the applicant personally but
are well aware of his work because of its wide recognition. Being on the top of
the field is of utmost importance. The applicant must show that he is one of
the best, raised to the very top of his field.
The ilexlaw immigration attorneys in Washington DC have
extensive experience preparing convincing NIW and EB-1 Extraordinary Abilities
packages that can get approved by USCIS. Please call us for a free consultation or
send us an email to info@ilexlaw.com.
Please check out our website www.ilexlaw.com