What is Self-Petitioning? Your Path to a Green Card Without Employer Sponsorship!

USCIS has several ways for professionals and protected classes of immigrants to apply for permanent residency, without the need for employment sponsorship. Self petitioning gives applicants the freedom to qualify for permanent residency, without going through the cumbersome labor certification process with a U.S. employer, or relying on family sponsorship. 

Introduction

The two main self-petitions available for professional applicants include: 

• Employment-Based Groups
  • The EB-1A for Aliens of Extraordinary Ability
  • The EB-2 National Interest Waiver (NIW) for professionals working in areas of national importance to the U.S. government 

Self-petitions are also available for special categories of immigrants including:  

• Special Categories of Immigrants
  • Abused Spouses, Children, and Parents of U.S. Citizens filing for permanent residency under VAWA (Violence Against Women Act) 
  • Special Immigrant Juveniles who have been abused, abandoned, or neglected by a parent 
  • Eligible applicants filing under the Cuban Adjustment Act (CAA)
  • Permanent residency under the Diversity Visa lottery program 
  • Permanent residency for U visa victims of certain crimes

For the purposes of this article, we will focus on employment-based self-petitions.

Eligibility requirements for each category

The EB-1A category for aliens of extraordinary ability is a self-petition for permanent residency designed for individuals who have reached the very top of their field in the sciences, arts, education, business, and athletics. 

To qualify, applicants need to show that they’ve won a major international award (i.e. Pulitzer Prize, Oscar, Olympic medal), or if they have not won such an award they must meet at least three of ten criteria, such as:

• lesser nationally or internationally recognized awards for excellence
• authorship of scholarly articles in professional publications, or 
• evidence of membership in professional associations that require outstanding achievement, or other.

The EB-2 National Interest waiver is a self-petition for individuals who will work in an area of national importance to the U.S. government such as the STEM fields. 

People who fit the bill are those that have either: an advanced degree (bachelor’s degree plus five years of relevant work experience in the field), or those without advanced degrees may still qualify by showing exceptional ability. 

Exceptional ability means that you have reached a level of expertise significantly above that ordinarily encountered in your profession. This is shown by satisfying at least three criteria, such as letters from employers documenting at least 10 years of full-time experience in your field, evidence you have commanded a high salary or remuneration, or membership in professional associations. 

Once you have established that you possess an advanced degree or exceptional ability, you must also meet the Dhanasar criteria showing that:

• Your endeavor in the U.S. has substantial merit and is of national importance
• You are well positioned to advance your proposed endeavor
• On balance, it would be beneficial to the United States to waive the requirements of a job offer (labor certification)

Comparing different pathways

Each path offers unique perks based on your qualifications. The EB-1A is most suitable for those at the top of their fields, while the EB-2 National Interest Waiver is best for professionals whose work benefits the United States. 

Expedited Processing Times

To speed up processing time, expedited service known as “Premium Processing,” is available for EB-1A and EB-2 National Interest Waiver self-petitions for an additional $2,805 fee. For EB-1A petitions, USCIS issues a decision within 15 business days of filing the application, and up to 45 business days for National Interest Waiver petitions. 

But don’t pick a path just because it’s faster. Instead, focus on the criteria, providing ample supporting documentation to show that you qualify. 

How to gather strong proof of your achievements

To put together a compelling caseplan ahead and pay careful attention to the details. Get started on collecting your documents as early as possible to prevent delays. Keeping a checklist of the documentation you need to gather, will help you keep track of where you stand. 

When putting together recommendation letters, or documentation of your achievements, focus on quality, not quantity. Each piece of evidence should show why you qualify for the specific self-petition category you’re seeking.

Consider arranging your achievements in chronological order so that USCIS officers can see how your career has advanced overtime, and the contributions you’ve made to your field.

Document collection plays a key role throughout the process. Make copies of critical documents  and keep a record of your submission. This will help you avoid headaches later down the road, if USCIS requests additional information from you, or you need to refer to your submission during the application process.

Forms that are part of each EB-1A or EB-2 NIW application:

Form I-140: Immigrant Petition for Alien Worker, submitted with all required supporting evidence.

After I-140 Approval (unless filed concurrently with Form I-485):

If Applying from Inside the U.S. (Adjustment of Status):

• Form I-485: Application to Register Permanent Residence or Adjust Status.
• Form I-131: Application for Travel Document (Advance Parole).
• Form I-765: Application for Employment Authorization.
• Form I-693: Medical Examination Results, completed by a USCIS-designated civil surgeon.
• If Applying from Outside the U.S. (Consular Processing):
• Immigrant visa application through Form DS-260, submitted with supporting evidence.

Complete our free evaluation questionnaire to find out if you qualify for EB-1 or EB-2 NIW. Our attorneys and customer care team will guide you through your eligibility and the next steps.
You can also schedule a call with our customer care team to learn more about how our attorneys can assist you with your case.