Self Petitioned, Employment Based Green Cards

– Can I file a green card application without a US employer/sponsor? How hard is it to get these applications approved?

Generally speaking, there are two self-petitioned employment based green card applications that an applicant can file without employer sponsorship.

  1. EB1(a), Persons of Extraordinary Ability: this category is meant for individuals with extraordinary ability in business, science, art, education, or athletics. Candidates who may qualify for the EB1(a) generally are recognized as being at the top of their fields and intend to continue to work in that field in the United States upon green card issuance.
  2. EB-2 National Interest Waiver (NIW): Similar to the EB1(a), extraordinary ability category, the EB2 NIW category requires a showing of significant merit and contributions in one’s particular field of expertise. There must be clear evidence of the anticipated benefits to the United States from the individual’s work, and these benefits must outweigh the nation’s interest in protecting U.S. workers through the lengthy labor certification process. The NIW application must prove that the individual has substantial merit and achievements in the field but this category does tend to have a slightly lower standard for approval relative to the EB1(a) category.

If you think you might qualify for a Self-Petitioned green card application, please contact the attorneys at RBL for a free consultation.

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