Self-Petitioning for a Green Card

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:

1.  Memberships and judging or leading responsibilities in prestigious invitation-based organizations, panels, associations.
2. Extensive published material about and/or by the applicant.
3. Original, scientific, scholarly, artistic, athletic or business-related contributions of major significance in one field.
4. 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