Overview: Applying for a Green Card without an Employer Sponsor

For most of foreign nationals, there are 2 primary categories of choices when looking for a permit: family-based and employment-based. For people who do not have an immediate member of the family who is a U.S. person or Legal Permanent Resident, family-based choices are either impossible or included a many years-long wait.

Employment-based options can be additional broken down into two classifications: employer-sponsored and non-employer-sponsored (also described as self-petitions). Employer-sponsored alternatives are the more typical of the 2; they include the Labor Certification process, which is relevant for all jobs, and Outstanding Researcher/Professor (EB-1B), which is just suitable for tenure track or long-term faculty or research positions. The only 2 employment-based immigrant visa classifications where a foreign national might self-petition are National Interest Waiver (EB-2) and Extraordinary Ability (EB-1).

Many companies have limits regarding who and when they will sponsor for permanent home. They might just provide sponsorship for specific positions, or workers who will be in a position for more than a specified length of time. Alternatively, an employer might have a “waiting duration” in which employees are not eligible for sponsorship up until they have been with the business or organization for a particular length of time on a momentary visa.

Positions that are momentary by nature (such as postdocs, medical residents/fellows, or going to faculty) or part-time will not be suitable for employer-sponsored categories.

If you are investigating irreversible residence categories that do not require company sponsorship (i.e. ‘self-petitions’), note that your chances and qualifications for these categories will improve as your career moves on. Your CV will get stronger, and as you advance to greater level positions and employer might sponsor (and potentially spend for) your permanent house process. Therefore, it is not just important to consider whether you receive a self-petition, however whether it deserves attempting now.

If you do begin now, as soon as you have an I-485 long-term residence application pending, you will have the ability to acquire work permission, which can make it easier to look for new employment. Additionally, you will be on a course to US citizenship quicker, your partner can acquire work authorization, and you might have the ability to take a trip without getting a new visa stamp in your passport. In addition, when you are a legal irreversible resident (LPR), your children will be qualified for monetary help in college, and you may be qualified to request more type of US federal government grants for your work.

Extraordinary Ability (EB-1A)

Extraordinary Ability is the highest-level immigration classification, reserved for individuals who can demonstrate that they are amongst the leading few percent of professionals in their fields, in their home or internationally. There are no limits to the fields that may be included in this category. EB1-1 is utilized for professional athletes and coaches, business and consulting specialists, artists and entertainers, and scientists in all academic disciplines.

The EB1-1 classification requires no company sponsorship (though such a petition might be sponsored by an employer) and does not require a Labor Certification to show that there are no minimally certified U.S. employees for the job. This classification does need reference letters from peers in the field (including independent referral letters) in addition to documentary evidence proving that the applicant is among the top couple of percent in the field, and that they have actually accomplished continual nationwide or international acclaim.

If an individual has gotten a Nobel Prize or similar very top-level award for accomplishment in the field, no more proof is required. However, many individuals must submit more comprehensive evidence showing that she or he satisfies a minimum of 3 (3) out of the ten (10) possible requirements detailed in the regulations for this category:

– Receipt of lesser nationally or globally acknowledged prizes or awards for excellence: These need to be prizes or awards for which a person was selected from amongst his or her peers. Student awards usually do not qualify, job unless they are revealed to be nationally or internationally recognized awards for quality.
– Membership in associations that require exceptional accomplishments of their members as judged by a panel of national/international specialists: Professional memberships that need only a degree in the field and payment of fees do not hold any weight in this classification. Memberships that are highly selective and nationally or internationally renowned, such as the National Academy of Sciences, pertain to this category.
– Published materials about the person in professional publications or significant media
– Participation as a judge of the work of others: Such as the satisfaction of demands to peer-review articles for a journal, or service on a grant panel.
– Original contributions of significant significance to the field
– Authorship of academic articles in the field.
– Display of work at exhibitions/showcases
– Serving in a leading/critical function for a prominent company
– Commanding a high salary (relative to others in the field).
– Commercial success (relevant only to the carrying out arts).

In addition to meeting 3 (3) of the criteria above, individuals should have the ability to show the totality of evidence submitted suggests that they are at the top of their field. This can be displayed in a wide variety of methods, such as having a high citation count, being released in leading journals in the field, getting invitations to present work at major conferences, having prior research experience at leading institutions, being called on a grant for STEM research, and normally any concrete proof that others in the field are using the person’s work.

Please remember that each case is different – lots of gifted young candidates are not rather ready to file in this category, but might have other options. We likewise routinely experience skilled and accomplished individuals who do not recognize that they might certify for this classification. If you are seriously considering this category, please look to our EB-1A FAQ. We also encourage you to upgrade your CV or resume, including the information of four recommendations (consisting of at least two referrals who have not worked or worked together with you), and send it to us using the contact page. We will have the ability to help you consider your eligibility.

National Interest Waiver (NIW or EB-2)

The National Interest Waiver resembles the EB1-1 because it does not require employer sponsorship or a Labor Certification. Many of the very same letters and proof as described above might be used to reveal that an applicant meets the standard for a NIW. The criteria for this category might be thought about more limiting, yet less particular:

– The applicant’s proposed venture should be of “significant benefit” and “national significance”.
– The applicant needs to be well positioned to advance the proposed endeavor.
– On balance, it would be useful to the U.S. to waive the job deal and labor accreditation requirements of the EB-2 category

* A postgraduate degree is generally considered a requirement for this classification, though some individuals may be able to demonstrate that they meet other, comparable requirements.

” Substantial merit” can be demonstrated throughout a wide variety of fields such as service, entrepreneurialism, science, technology, culture, health, and education.

” National importance” is a standard indicated to exclude individuals who are doing important work that has a local effect, such as instructors or social workers. The applicant’s proposed work must have possible prospective effect on the field or market in a broad sense, and surpass creating value for one’s organization, clients or clients. Entrepreneurial jobs can fulfill this requirement if they have substantial capacity to use U.S. employees or other substantial favorable economic effects, especially in financially depressed locations.

The second prong is hard to satisfy. To figure out whether the applicant is well-positioned to advance the proposed venture, USCIS will think about elements consisting of, but not limited to: the person’s education, abilities, understanding and record of success; a model or plan for future activities; development towards attaining the proposed undertaking; and the interest of prospective customers, users, or financiers. USCIS focuses primarily on previous outcomes as a sign of the future probability of success. For scientists, USCIS thinks about whether the candidate’s prior work served as an “incentive for the progress in the field” and if it created “significant positive discourse in the broader academic community”. To satisfy this prong, the candidate can show that outdoors researchers are building on their accomplishments, for instance, or that their findings have been extensively implemented, certified for use by market, etc.

Finally, to demine if the applicant fulfills the 3rd prong, USCIS considers the following aspects:

– whether because of the nature of applicant’s certifications or the proposed undertaking, it would be unwise to protect a job offer or acquire labor accreditation;

– whether the U.S. would still gain from the foreign national’s contributions even if qualified U.S. workers are otherwise readily available;

– whether the national interest of the foreign national’s contributions is sufficiently immediate to call for foregoing the labor certification process.

Recently, USCIS revealed particular evidentiary factors to consider associating with STEM degrees and fields. What this implies is that the federal government acknowledges the significance of progress in STEM fields and the vital function of persons with advanced STEM degrees in cultivating this development, especially in focused critical and emerging technologies or other STEM areas important to U.S. competitiveness or nationwide security. For this reason, STEM researchers are generally a great fit for the National Interest Waiver category.

EB1-A vs. NIW

It is typical to obtain irreversible house in both the EB1 and EB2 categories. There is no policy that limits the variety of different categories in which a candidate might use. Some applicants will fit well into both categories, however many will find that one of the other is the stronger application. The filing charge is now $700 per petition – we often advise beginning work on a case, and then choosing later whether to use EB1-1 or NIW after we learn more about your case better. Every one of these petitions is various, and it generally takes a minimum of a couple of weeks for us to give a great evaluation of the strengths and weak points of using in each category.

There are numerous points to think about.

A. USCIS permits premium processing of both EB1-1 and NIW I-140 petitions. Premium processing for all case types requires filing an additional $2,500 cost; in return, job USCIS will make an initial decision on an EB1-1 within 15 calendar days, job and a preliminary decision on an NIW within 45 calendar days. Processing times in both classifications vary extensively, the current processing time reports are discovered on the USCIS website.

B. The EB1-1 category is very first preference, while the NIW classification is second preference (the same category as Labor Certifications requiring innovative degrees or comprehensive experience.) The first choice classification has historically retrogressed less often, while the second choice category is more frequently backlogged. Information about the backlogs for visa numbers can be discovered in the Visa Bulletin, which is published regular monthly by the Department of State.

C. The EB1-1 classification requires showing that the candidate fulfills at least three (3) of the 10 (10) criteria, while the NIW does not have such a structured requirement. The NIW requires revealing that the candidate has actually had a demonstrable influence on the field such that their future success promises. For many candidates, their credentials and proof will more quickly fit one or the other of these requirements.

D. In the EB-1-1 category, an applicant might reveal that she or he has actually achieved the level of “national honor” in his/her home country – if you are from a reasonably small country, that might be easier. It is not required that the applicant have nationwide honor in the U.S., or in more than one nation. In the NIW classification, a candidate should show that his or her work has benefit to the United States. The NIW does not particularly need a demonstration of nationwide recognition, just that the applicant’s work has had an effect and there is a clear strategy for future work.

Alternatives to Employment-Based Permanent Residence

The primary alternatives to classifications that are based upon employment or field of know-how are family-based, political asylum, and unique programs of Congress.

Family-based immigrant classifications are divided into numerous levels. The top level, job instant family members, consists of spouses, moms and dads (of children who are at least 21 years of age) or children (under age 21) of US residents. There are long stockpiles for the lower levels, consisting of spouses and children of Legal Permanent Residents, married children of US citizens, and brothers/sisters of US residents. Information about the backlogs for visa numbers can be discovered in the Visa Bulletin, which is published regular monthly by the Department of State.

Political asylum is a category that is offered to people who are afraid to return home due to persecution based on race, religion, citizenship, social group or political viewpoint. This classification involves an initial application followed by an in-person interview with a USCIS examiner. If asylum is granted, the individual is offered an irreversible status, however need to wait one year before using for the permit.

The most common special program of Congress is the Diversity Visa Lottery. This is a program run by the Department of State that makes 50,000 green cards available to individuals from nations that have low rates of immigration to the U.S. The lotto typically ranges from October to December, and directions are posted online. It is a lottery, so the opportunities of winning are low – however if you are from a nation that certifies (or your spouse is), we do recommend trying. We have clients who win every year.

Don’t Forget About Your Spouse

If a private certifies for permanent home, his/her spouse and kids might obtain their permits on the very same basis. Therefore a couple must consider all possible choices for both individuals, and identify the most direct route to a permit for all. There are lots of classifications not discussed in this post that might be options for your spouse, including a special classification for nurses and physiotherapists, multi-national supervisors, financiers, Special Handling for college teachers, and PERM Labor Certification.

Conclusion

It is necessary that an individual who wishes to obtain irreversible residence in the United States consider all possible alternatives. It is equally essential to plan ahead, comprehending whenever limitations of temporary visas and permitting the inevitable delays of the permit procedure.