4 Ways To Get A Green Card On Your Own

In this guide, we will discuss four ways that you can self-petition to get a green card.  That means that you can apply for your green card on your own without the need for an employer or a family member to sponsor you.  These four ways are (1) the EB1A visa, (2) the EB2 national interest waiver, (3) the EB5 investor visa, and (4) the Violence Against Women Act (VAWA).  In this article, we are going to cover all four for you. 

We are Ashoori Law, led by attorney Michael Ashoori, a U.S. immigration lawyer based in Los Angeles, California.  At our law firm we work with clients from all over the world, and we regularly post articles and videos to make sure that you are up to date with the latest immigration news and tips.  If, after reading this article, you have more questions about visa and green card options, then we invite you to call us at +1-818-741-1117 or you may request a free consultation by clicking this link.

1. The EB1A Visa

For those individuals that have extraordinary ability in a particular field, they may be eligible to apply for an EB1A visa. The EB1A visa is the employment-based, first preference, immigrant classification.  It is designed to allow those at the top of their fields of expertise to benefit the economy, cultural or educational interests, or welfare of the United States.  The attractive features of an EB1A visa include (i) that a candidate does not need sponsorship from an employer to apply, (ii) the candidate does not need a job offer or labor certification to apply, and (iii) the EB1A classification is an immigrant classification which means that it may result in a green card – permanent residency in the U.S.

To qualify for an EB1A, you must prove “extraordinary ability” in a particular field such as the sciences, arts, education, business, or athletics.  You can demonstrate extraordinary ability by providing extensive documentary evidence of sustained national or international acclaim.  One way to show such acclaim is evidence that you have received a major, internationally known award such as the Nobel Prize, Pulitzer Prize, Academy Award, or Olympic Medal.  If you do not have such an award, you can still be eligible for EB1A classification by meeting 3 of the following 10 criteria:

1. Receiving a lesser nationally or internationally recognized prize or award for excellence.
2. Membership in associations in your field that require outstanding achievement of their members.
3. Having professional or major trade publications or other major media publish material about you.
4. Being asked to judge the work of others, either individual or on a panel.
5. Having original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field.
6. Authorship of scholarly articles in professional or major trade publications or other major media.
7. Having your work displayed at artistic exhibitions or showcases.
8. Performing a leading or critical role in distinguished organizations.
9. Commanding a high salary or other significantly high remuneration in relation to others in the field.
10. Having commercial successes in the performing arts. 

2. The EB2 National Interest Waiver

Another self-petitioning green card option is the EB2 National Interest Waiver (NIW). The EB2 NIW is for someone that will be coming to the United States to work in a field that is in the national interest. Foreign nationals seeking a “national interest waiver” fall under the EB2 classification.  A foreign individual seeking a national interest waiver (NIW) is essentially asking that USCIS waive the following requirements: 1) that the NIW applicant have a job offer from an employer; and 2) that the employer get an approved labor certification. These two requirements are typically required of certain other employment-based classifications such as EB2 and EB3. 

The basis for why the national interest waiver exists is because it is in the best interest of the U.S. for the job offer and labor certificate requirements to be waived. NIWs are typically granted to those who have exceptional ability and whose employment in the U.S. would greatly benefit the nation.  Unlike EB2s based on advanced degree or exceptional ability, individuals seeking a NIW do not need a U.S. employer/sponsor, but rather can petition for the EB2 visa on their own behalf.

In addition to other requirements, someone seeking an NIW should should be prepared to satisfy at least three of the following criteria:

• Official academic record showing that the beneficiary has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
• Letters documenting at least 10 years of full-time experience in the relevant occupation;
• A license to practice a relevant profession or certification of the profession or occupation;
• Evidence that the beneficiary commands a salary or other remuneration for services that demonstrate exceptional ability;
• Membership in a professional association(s);
• Recognition of the beneficiary’s achievements and significant contributions to the relevant field by the beneficiary’s peers, government entities, and professional or business organizations.