· Business Immigration Law · 2 min read
Can You Self-Petition a Green Card Without an Employer?
The EB-1A and EB-2 NIW are the two employment routes that let you petition for a green card with no employer sponsor.
Yes, you can get an employment-based green card without any employer, through one of two self-petition routes: the EB-1A extraordinary ability category and the EB-2 National Interest Waiver. Both remove the need for a sponsor and a job offer. What they require instead is a strong record. Here’s how they compare.
EB-1A: extraordinary ability
This is for those at the very top of their field. You self-petition by showing a major one-time achievement or meeting at least three of ten criteria, plus that you’ll keep working in your field. The bar is high, but there’s no PERM and no employer.
EB-2 NIW: national interest waiver
This is for advanced-degree holders or those with exceptional ability whose work serves the national interest. You satisfy the three-part Dhanasar test instead of getting an employer and labor certification. The standard is lower than EB-1A but still substantial.
Choosing between them
EB-1A is faster in the visa bulletin for many nationalities and carries more prestige, but demands a stronger record. The NIW is more attainable for skilled professionals with national-interest work but may have longer waits depending on category and country.
Why self-petition
Flexibility. You’re not tied to one employer, you can change jobs or build a company, and you control the process. For founders, researchers, and independent professionals, that freedom is often worth pursuing.
If you’re weighing your options, a consultation with Capitol Law Partners can map the right path for your situation. Schedule a consultation.
This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.
Attorney Cagatay Ersoy. Practical strategy for founders, investors, and growing companies.
Considering a National Interest Waiver? Our EB-2 NIW attorneys evaluate your case against the three Dhanasar prongs and prepare the petition from strategy through filing.
