How to Apply for Green Card without Employer Sponsor

For most foreign nationals, there are 2 potential options to have a green card – through employment or family based. For people who don’t have a Legal permanent Resident or US Citizen as immediate family member, the option for family-based Green Card is impossible.

The next legit option is employment-based, which is further categorized into 2 options

• employer sponsored

• non-employer sponsored

Employer based Green cardoptions are the most commonly used, which includes Labor Certification (applicable for all kinds of jobs) and Outstanding Researcher/Professor EB-1B that is applicable for permanent faculty or tenure track only. There are only 2 employment based immigration visa options in which foreign nationals can self-petition – Extraordinary Ability EB-1 and National Interest Waiver EB-2.

Employers usually have limits; they decide whom to sponsor and when, for permanent citizenship. They may provide sponsorships only for certain positions, or to employees who are likely to hold a position for a longer period of time. Contrarily, employers may also have waiting period – employees, in this case, are not eligible for sponsorships until they’ve been with an institution or company for a certain period of time on temporary visa.

For temporary positions like medical fellows/residents, postdocs, visiting faculty or part-time workers, employer-sponsorship is not the appropriate category.

People looking for permanent residence category that doesn’t require any employer sponsorship should note that your qualifications and opportunities for such categories can improve your career moves. Your resume can get stronger as you reach higher positions and even employers may be ready to sponsor you for permanent resident status. Thus, it’s not just necessary to consider your qualification or any training in SAP, QA, BI or JAVA for self-petition, but also whether it’s worth trying or not.

Extraordinary Ability EB-1A Immigration

It is the highest level of immigration category that is reserved for people who can prove that they are one among the top countable experts in their respective fields nationally and internationally. These fields have no limitations. EB1-1 is a category used for coaches and athletes, business consulting professionals, performers, researchers and artists in academic disciplines.

EB1-1 category needs no employer sponsorship or Labor Certificate to prove anything. However, this category requires reference letters from colleagues and peers in their respective field and some documentary evidence to prove that the individual is one of the few experts in the field.

National Interest Waiver NIW OR EB-2

National Interest Waiver is almost the same as EB1-1. It also doesn’t require Labor Certificate or employer sponsorship. It requires some of the same evidence and letters as mentioned above. The criterion for EB-2 is, however, more restrictive though less specific:

• The applicant’s work must be of “Substantial Intrinsic Merit”

• The applicant’s work must have national scope and benefits

• Waiving off the Labor Certificate requirement for an applicant must have national interest

The term, “Substantial intrinsic merit” includes work contributing to the development and improvement of important factors of life in the United States. This includes fields of research and medicine, security, homeland, renewable energy etc.

EB1-1 VS EB-2

People commonly apply for either of these two categories. There are no regulations to limit the total number of categories in which applicants can apply. However, while some applicants may fit well in both these categories, most of them would find either of the two to be a stronger application. Filing fee is $580 per petition.

There are a few points to consider before filing a petition:

The USCIS permits premium processing for EB1-1 I-140 petitions, though NIW premium processing petition has not been implemented. It requires filing an additional amount of $1225 fee and in return the UCCIS makes an initial decision on the applicant’s status within 15 days. In both these categories, processing time may vary widely.

• EB1-1 is the first preferred category, whereas EB-2 is the second preference.

• EB-1-1 requires applicants to meet several criteria, whereas EB-2 doesn’t have such structured requirement.

• In EB-1-1, applicants may show that he has achieved national level acclaim in his native country, which is easier. In EB-2 there are no such requirements.