By J. Lavetsky, Esq.
Beacon Immigration PLLC
August 9, 2023
More than 1,000,000 people become permanent residents, or green card holders, in the U.S. each year. How do they do it?
In fact, the majority of people become permanent residents through sponsorship by a family member or their employer. While family sponsorship is important, in this article we will focus more on employment-based green cards.
First, let’s discuss the difference between being sponsored by a company on the one hand, and self-sponsorship of one’s own green card on the other.
Company Sponsorship
Employees can achieve green card sponsorship through their company. To sponsor an employee’s green card, the company must jump through a number of hoops first, and the process can take years.
The first step is for the company to obtain a “prevailing wage determination” with the U.S. Department of Labor using form ETA-9141, showing what a fair wage would be for the employee. The company will also need to recruit for the position, for example by posting job notices in a local news publication. When no suitable candidate can be found, the company can proceed with the green card process for their employee, known as the Labor Certification or PERM process, using form ETA-9089.
The PERM process, unfortunately, is taking up to a year to process these days. Only once the PERM process is complete can the employee apply for their green card. Wouldn’t it be nice if there were a way to avoid all of this and skip straight to the green card application?
Self-Sponsor Your Own Green Card
Fortunately, such an option exists and is fairly common. In fact, with the general malaise and delays in the U.S. immigration system, self-sponsoring one’s own green card is more important and attractive than ever. This option allows a talented professional to skip much of the bureaucracy and delays listed above and proceed directly to applying for a green card.
How can this be done? There are two kinds of self-sponsored green cards within the employment context: the EB-1a and the EB-2 National Interest Waiver.
EB-1a (People of Extraordinary Ability)
To self-sponsor your own green card through the EB-1a program for people with extraordinary ability, you will need to show that you are at the very top of your field, either in the sciences, arts, education, business, or athletics. You must show that you have achieved sustained national or international acclaim, either through a one-time achievement like a Pulitzer or an Olympic medal, or by showing things such as authorship of scholarly articles, published material about you in professional or major trade publications, membership in associations in your field that demand outstanding achievement of their members, etc. In other words, it’s not enough to be excellent; you must be at the very top.
This is a high standard to meet, but the reward of being at the top is that you can self-sponsor your own green card by filing form I-140, the immigrant petition, with USCIS. Since the EB-1a application now qualifies for Premium Processing (with a $2,500 fee), you can expect to receive an answer on your case within about 15 days.
EB-2 National Interest Waiver
The second way to self-sponsor your own green card is through the EB-2 National Interest Waiver (NIW). While the achievement bar for the EB-2 NIW is lower than the EB-1a, you now must show that you hold an advanced degree, such as a master’s degree or a bachelor degree with five years of post-baccalaureate work experience in your field.
If you do not hold an advanced degree, you can show instead that you have “exceptional ability” in the sciences, arts, or business. For more about showing exceptional ability, see the explanatory USCIS page that discusses this in detail.
In addition to showing that you either hold an advanced degree or have exceptional ability, the EB-2 National Interest Waiver requires that you show that your work will substantially benefit the U.S. Specifically, you must show that your proposed endeavor is of “substantial merit and national importance;” that you are well-positioned to execute your proposed endeavor; and that it would be in the national interest of the U.S. to waive the PERM/labor certification requirements. In other words, you must show that it would be in the national interest of the U.S. to waive the requirement that a company sponsor your green card, and that you be allowed to self-sponsor your own green card.
See more about this on the USCIS website.
What kind of people tend to receive EB-2 National Interest Waiver approvals? Usually, NIW green cards go to people whose work advances U.S. interests somehow, such as those involved with, for example, cybersecurity, science, technology, engineering, mathematics, artificial intelligence, entrepreneurialism, research, health, athletics, culture, medicine, business, etc. If you’re not involved with any of these fields, don’t panic; you still may qualify if your work will serve the national interest of the U.S.
Ask for Help
Self-sponsoring your own green card is more important than ever for professionals who wish to avoid the red tape of the U.S. immigration system. For very talented and experienced people, it may be possible to receive a green card approval within a few weeks, either through the EB-1a program for people of extraordinary ability, or through an EB-2 National Interest Waiver.
If you would like to self-sponsor your own green card, please contact Beacon Immigration today: +1 845.288.2435 / beaconimmigrationlawyer@gmail.com.
Beacon Immigration PLLC is a law firm located in the Hudson Valley of New York at 6 Eliza Street, Suite 5, Beacon, NY 12508 (Dutchess County).
