Can I self-sponsor a green card for the United States? While many people associate green card applications with employer sponsorship or family connections, it’s possible to self-sponsor under certain circumstances. This article explores the different paths to green card self-sponsorship, the eligibility criteria, and the steps involved.
Understanding Self-Sponsorship
Self-sponsorship means that you petition for yourself to obtain a US green card without requiring a sponsor, such as an employer or family member. It’s a viable option for individuals who possess extraordinary skills, achievements, or investments that benefit the U.S. economy.
Key Self-Sponsor Green Card Categories
EB-1A: Extraordinary Ability:This category is designed for individuals who have demonstrated extraordinary ability in the sciences, arts, education, business, or athletics. You must provide evidence of national or international recognition in your field, such as awards, membership in professional associations, and published articles, among others.
EB-2: National Interest Waiver: This category is for individuals with advanced degree (Master’s, Ph.D. or Bachelor degree plus 5 years of progressive professional experience) or those who possess exceptional ability in the sciences, arts or business. Individuals applying in this category, must have a proposed endeavor that has substantial merit and benefits the national interest of the United States. You must prove that you are well positioned to advance your proposed goals in the United States and your continued presence in the U.S. warrants the United States to waive the PERM labor certification requirements.
EB-5: Immigrant Investor:This category is for individuals who invest a substantial amount of capital (money or other assets) in a U.S. business that creates jobs. The investment amount is $1,050,000 or $800,000 if the investment is made in a high unemployment or rural area. In addition, the investment must lead to the creation of 10 full-time jobs for US workers. The investment can be made directly in a US business or via Regional Center. You can transition to an EB-5 visa with investments made in an E-2, L-1, E-1 business or others. To learn more, visit Is EB5 visa risky? and the benefits of EB5 visa for Canadians. To learn more about L-1 visa, visit L-1 visa for Canadians. Contact our E-2 visa lawyer to learn more about transitioning from E-2 visa to EB-5.
Eligibility Criteria
To self-sponsor your green card, you must meet specific criteria. The exact requirements vary depending on the category you’re applying under, but generally include:
EB-1A Evidence of extraordinary ability in the arts, sciences, education, business or athletics: You must meet USCIS criteria to prove extraordinary ability. This may include awards, publications, or recognition from industry peers. You must meet at least 3 of the 10 USCIS criteria or provide evidence of a one-time achievement of a major internationally recognized award (example Pulitzer, Oscar, Olympic Medal, etc). This is is required for EB-1A only. To learn more about showcasing extraordinary ability, visit the EB-1A USCIS criteria.
EB-2 NIW Benefit to the U.S.: If you are requesting a green card based on the EB-2 National Interest Waiver program, you must show that you possess an advance degree (or bachelor plus 5 years of progressive experience) or exceptional ability in the sciences, arts or business and that your proposed endeavor in the United States will benefit the United States. Moreover, you must show that you are in a position to pursue the proposed endeavor. To learn more about proving exceptional ability, visit USCIS EB-2 NIW criteria.
EB-5 Evidence of Investment: You need to provide proof of the legal origin of the invested funds, how the funds were invested and the creation of US jobs. The required evidence differs depending on whether you’re investing directly in a US business or through an EB-5 Regional Center. To learn more visit USCIS EB-5 visa program.
Self-Sponsorship Green Card Process
The process to self-sponsor a US green card can be complex and time-consuming. Here’s a general overview of the steps involved:
Determine Eligibility: Contact a licensed US immigration lawyer to assess your qualifications and choose the appropriate category based on your circumstances.
Gather Evidence: Collect all necessary documentation to support your application, such as awards, publications, letters of recommendation, and financial statements.
File Form I-140, I-526 or I-526E : Submit the Immigrant Petition for Alien Worker (Form I-140), Immigrant Petition by Standalone Investor (Form I-526) or Immigrant Petition by Regional Center Investor (Form I-526E) to the USCIS.
Priority Date: Once your petition is filed, you’ll receive a priority date, which determines your place in line for a visa. See most recent visa bulletin to determine priority date in desired category.
Adjust Status (if inside the U.S.): If you’re already in the U.S. on a temporary visa, you may be able to adjust your status to permanent resident.
Consular Processing (if outside the U.S.): If you’re outside the U.S., you’ll need to attend an interview at a U.S. embassy or consulate.
Tips for a Successful Self-Sponsored Green Card
Consult with an Immigration Attorney: Seek professional guidance from an immigration attorney who specializes in self-sponsorship cases.
Thorough Documentation: Gather as much evidence as possible to support your application.
Be Patient: The self-sponsorship process can take anywhere from several months to several years, so be prepared to wait.
Stay Updated: Keep track of any changes in immigration laws and regulations that may affect your application.
Malescu Law can assist
Remember, self-sponsored green cards can be a challenging process.
Contact our experienced immigration lawyers in Miami, Florida, USA to discuss your self-sponsor green card options or schedule an appointment for your immigration case.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Anda Malescu is a US immigration lawyer and Florida Bar Board Certified Expert in International Law. A member of the elite category of Florida Bar lawyers recognized for her exceptional knowledge, skill and professionalism, she advises US and international clients, including investors and entrepreneurs, on business immigration and corporate law matters. She holds a JD degree from University of Miami School of Law and a Master's degree in Economics and Business from Erasmus University Rotterdam in the Netherlands. She is a member of the Florida Bar.
