Shilpa Malik 
Sabrina Saada 
Are you looking to become a lawful permanent resident? While most green card holders become permanent residents either through the typical marriage-based or employer-based routes, some individuals are eligible for a green card without sponsorship. These self-petition options give you the freedom to apply on your own without depending on a family member or employer.
Read further to learn all about the available green cards for self-petitioning, their requirements, and how to apply for each.
Can You Get a Green Card Without Sponsorship?
Yes, you can get a green card without sponsorship. Several employment-based (EB) green card categories allow you to self-petition for a green card without a job offer from a U.S.-based employer, such as:
- EB-1A Green Card (Extraordinary Ability)
- EB-2 NIW (National Interest Waiver)
- EB-5 Immigrant Investor
- The Diversity Visa Lottery
EB-1A Green Card
The EB-1A green card is within the first preference category employment-based, which have faster processing times relative to other categories. The EB-1A is available to to individuals with extraordinary achievement in their field, such as science, the arts, business, education, and athletics.
Read our latest EB-1A success story!
EB-1A Requirements
To qualify for the EB-1A, you must:
- Demonstrate that you possess achievements that are not ordinarily obtained in your field.
- Show that your skills will benefit the United States.
- Demonstrate that you intend to continue working in the same field after being granted the visa.
Self-petitioning applicants for the EB-1A green card are required to demonstrate proof of significant achievements and contributions that are of a national or international standard and must be recognized by other experts in their fields. This must be proven through evidentiary criteria.
Watch this video where Managing Attorney Shilpa Malik and Attorney Quindemil break down the key elements of the EB-1A Extraordinary ability visa. They will walk you through all the updated requirements in 2025!
EB-1A Evidentiary Criteria
If you have received any major internationally recognized award, such as an Oscar, Olympic Medal, or Pulitzer Prize, this can serve as proof of extraordinary achievement.
However, not everyone has an award at the Oscar level, so in the absence of such an award, the USCIS has provided ten other criteria that every applicant must meet at least three of:
Documentation of lesser internationally or nationally recognized prizes or awards for excellence in the field
Ex: Press coverage or organizational publication
Documentation of your membership of a prestigious association in the field. The membership of such an association must require outstanding achievement for membership and must be granted by recognized experts in the field.
Being a part of a membership, it is limited to individuals who have demonstrated exceptional contributions or advanced degrees in the field. (e.g,. Association for Computing Machinery)
Published material in major media or trade publications covering your work in the field. The publication must include the date, title, and author’s name.
Ex: A Forbes article discussing in length your groundbreaking development of AI in healthcare applications.
Evidence that you have judged the works of others in the field either as a member of a panel or individually
Ex: Serving as a peer reviewer for manuscripts in top journals, or a judge of a competition.
Evidence that you have authored scholarly articles in your fields. These articles must be published in major trade publications.
Ex: Links to your research on Google Scholar showing citations and impacts of your work.
Evidence of your original significant scholarly, athletic, artistic, or business-related contributions to the field
Ex: Documentation showing that your contributions led to a profit in revenue growth for a company, or that your algorithm was adopted by Fortune 500 companies.
Evidence that your work in the field has been displayed at major artistic showcases or exhibition
Having your work shown at an exhibit like at Art Basel or a museum, like the National Portrait Gallery.
Evidence that you have performed a critical or leading role in reputable organizations in your field
Ex: Serving as the Head of Product Design at Apple or Google, showing that you were leading developments in a reputable organization.
Evidence that you command a high salary in comparison to other professionals in the field
Comparing your salary to the U.S. Bureau of Labor Statistics to show that you make more than the median for your field.
Evidence of your media successes in the performing arts
This can include having a song ranked in the Billboard rankings.
EB-2 National Interest Waiver (NIW) Visa
A National Interest Waiver falls under the second preference employment-based green card category. The EB-2 NIW allows qualified applicants to waive both the job offer and labor certification requirements by demonstrating that their work serves the national interest of the United States.
EB-2 National Interest Waiver Requirements
To qualify for a EB-2 National Interest Waiver, your application must be submitted with evidence that demonstrates to USCIS that:
- You meet all requirements of the EB-2
- Offering a waiver of the PERM Labor Certification is in the interest of the United States.
- You are the best person to advance your work in the United States.
Apart from this, you must also meet at least three of the following criteria:
Present official academic record showing that you have a degree, certificate, diploma, or other recognized qualification from a higher institution of learning. The qualification must be related to your specific field.
This can include a Master's or PhD degree from a higher institution.
Letters documenting you have a minimum of ten years of full-time experience in the field
This can include being a mechanical engineer from 1990-2000.
A license or certificate to legally practice in the field
Having a medical, law, or engineering license to practice within your field.
Evidence that you commanded a high salary in comparison to others in the same profession.
Comparing your salary to the U.S. Bureau of Labor Statistics to show that you make above the median salary.
Evidence that you are a member of a professional association(s) in your field
This can include membership certificates for plastic surgery, medical associations, etc.
Recognition from government entities, your peers, professionals, or business organizations as proof of your contributions and achievements in the industry or profession
Industry awards from a recognized professional or an official letter of recommendation from a government entity.
If the above criteria are not readily available in your own case, you can provide comparable evidence with the help of an attorney.
This can include media coverage and even speaking roles at international conferences.
How to Self-Petition for The EB-1A and EB-2 NIW Green Cards
The EB-1A and EB-2 NIW are employment-based immigrant categories that begin with the filing Form I-140 Immigrant Petition for Alien Workers
Step One: File the I-140 Form
Alongside the Form I-140, Immigrant Petition for Alien Workers, you need to submit evidence showing you qualify for an extraordinary ability (EB-1A) or meet the NIW criteria (EB-2 NIW).
Step Two: File an I-485: If You Are In the U.S.
If your priority date is current (according to the Visa Bulletin), you can file the I-485 form to adjust your status to a permanent resident.
To be “current,” your priority date must be on or before the Final Action Date listed in the Visa Bulletin for your specific visa category and country.
When you are current, an immigrant visa is available, and your green card application can be approved. A listing of ‘C’ for your category also means you are current.
Step Three: Consular Processing: If You Are Outside the U.S.
If you are outside the United States, you must undergo consular processing. After your I-140 is approved, USCIS forwards your case to a U.S. embassy or consulate in your country of residence. Consular processing involves a green interview and verification of your eligibility.
After a successful visa interview, you are issued an immigrant visa stamp on your passport. This allows you to travel to the United States. Your physical green card will be mailed to your U.S. address within 90 days of your arrival.
Step 4: Approval
Once the I-485 is approved, you are now a lawful permanent resident in the U.S.
EB-5 Immigrant Investor Green Card
The EB-5 visa classification is another green card option that can be self-sponsored. Up to 10,000 EB-5 visas are issued annually to applicants from different countries.
The minimum required EB-5 capital is $1,050,000, or $800,000 for an investment in a targeted employment area (TEA) and $1.8 million in a high-employment area.
The main requirement is for the capital to create or preserve a minimum of ten full-time U.S. jobs. All EB-5 capital must be invested in a commercial enterprise. A commercial enterprise can be any of the following:
Sole proprietorship
Opening up a business under your name.
Limited liability or general partnership
Creating an LLC (Limited Liability Company) or partnerships.
Joint venture
Both parties are contributing capital and share risks and returns per the joint venture contract.
Corporation
Starting an Incorporation, issuing shares, and complying with corporate governance rules.
Holding company
Having a parent company that owns multiple subsidiary businesses.
Business trust
An entity created under a business trust to manage assets.
Other entity (Privately or Publicly owned)
Investing in a privately owned startup.
EB-5 Green Card Process
There are five major steps for acquiring a U.S. green card through the EB-5 program.
Step 1: Find an EB-5 Enterprise
The first step is to locate a project that best suits your investment needs and preferences. This can include an existing company, starting a new company, or investing in any enterprise that creates or preserves U.S. jobs.
You can either select a Direct EB-5 Investment, which allows you to manage your own U.S. business, or a Regional Center Investment, which allows indirect job creation.
Step 2: Prepare Your Business Plan
The EB-5 business plan is one of the most essential supporting documents to prove your readiness to the USCIS. An EB-5 business plan is different from other business plans and is best prepared by a professional business plan writer. It must carefully highlight the key features of the enterprise you are going to invest in and how it would meet all the program’s requirements.
Step 3: Invest the Capital and File an I-526
After identifying a project and planning out your business strategy, the next thing is to invest your capital. The EB-5 investment amount is often put into an escrow account at the initial stage. Once that is done, your immigration attorney will help you file an I-526, Immigrant Petition by Alien Investor.
The form must be submitted alongside other supporting evidence, including the business plan. Once a decision has been made on your petition, USCIS will notify you.
Step 4: Two-Year Conditional Permanent Residence
If the I-526 is approved, qualified EB-5 visa applicants will be issued a conditional green card, which will be reviewed and potentially converted to permenant residency after two years. Within the two-year period, you must put your capital “at risk” by investing it. Your capital could be in the form of cash, a cash equivalent, inventory, or debt by assets owned by you and must be acquired by lawful means.
The investment must create full-time jobs for at least ten qualifying full-time employees.
Step 5: Get Your Unconditional Green Card
Two years after the conditional permanent residence, you will file an I-829, Petition by Investor to Remove Conditions. This petition must be submitted with supporting evidence showing that your investment has met all the EB-5 requirements within the two years.
Finally, an approved I-829 petition means the conditions on your status are removed, and you will be issued an unconditional green card to live in the U.S. permanently.
Green Card Through Diversity Visa Program
The Diversity Visa Program is another way of getting a green card without sponsorship. Every year, 50,000 randomly selected individuals are chosen from all entries from countries that have low rates of immigration to the United States. The lottery program is open for application from early October through early November on the Department of State’s website.
If you are among the selected winners, you don’t need an employer to sponsor your green card.
Green Card Process
- Inside the U.S.: File a DS-260 through your country’s U.S. consulate or embassy.
- Outside the U.S.: File an I-485 to adjust your current status to a lawful permanent resident.
Note: The success rate of the lottery can be low, as many applicants are competing for the limited number of visas.
Other Green Cards You Can Self-Petition
- TPS Beneficiaries: Those with Temporary Protected Status (TPS) may adjust their status through an immigrant petition.
- U-Visa Holders: Victims of qualifying crimes who have cooperated with law enforcement can apply after three years.
- VAWA: Spouses, children, or parents of abusive U.S. citizens or permanent residents can file independently.
- Refugees: Eligible to apply for a green card after one year of being granted refugee status.
- Special Immigrant Juveniles (SIJ): Children abused, abandoned, or neglected by a parent may qualify for a green card.
Self-Petition Green Card Processing Time
EB-1A
For the EB1A green card, the processing time to self-petition, according to USCIS data, takes around:
- Eight months for the I-140 to process
- The EB1A has a premium processing option, reducing the I-140 processing to 15 business days.
- Ten months for the I-485 to process
- If filed concurrently, your self-petition green card could be issued in 10 months.
EB-2 NIW
For the EB-2 NIW green card, the processing time to self-petition, according to USCIS data, takes around:
- Eight months for the I-140 to process
- The NIW has a premium processing option, reducing the I-140 processing to 45 business days.
- Ten months for the I-485 to process
- You must wait for an available visa based on the visa bulletin. This varies depending on your country of origin.
Benefits of Self-Petitioning For A Green Card
The ability to file your own green card petition is a rare advantage in the immigration world. You are not dependent on a family member or organization to gain permanent residence.
Another advantage is that it saves time. Most of the other employment-based green card classifications involve a labor certification, which is another rigorous process.
Fortunately, the labor certification is not required for any of the above categories, meaning you have one less step to take in the green card process. Furthermore, becoming a lawful permanent resident makes you eligible to sponsor green card applications for your immediate family members.
Frequently Asked Questions
Can I sponsor myself for a green card through marriage?
No, you cannot sponsor yourself for a green card through marriage. If you are engaged or married, your U.S. citizen or lawful permanent resident spouse must sponsor your green card application. While you can cover the costs, such as filing fees or legal expenses, and assist with completing the necessary forms, you cannot act as the official petitioner. Only your spouse is eligible to file Form I-130 on your behalf.
Can I apply for an EB-2 NIW without a job offer?
Yes, with an NIW, you are asking USCIS to waive the PERM labor certification and a U.S. employer sponsor, as your work is in the national interest of the U.S.
Is a PhD required to self-petition for a green card?
No, a PhD is not required, as other advanced degrees like a Master's can work for visa applications.
Do I need letters of recommendation for a self-petition application?
Yes, letters of recommendation are strongly encouraged for self-petition green card applications.
Can I work in the U.S. while waiting for my green card?
Yes, you may be able to work if you have a valid work authorization.
How long does it take to get a green card through self-petition?
Depending on the green card category, you can expect the processing time to be anywhere between 6 to 24 months, depending on backlogs.
Is it risky to self-petition while on a non-immgrant visa like a B-1 visa?
If not handled carefully, it can be risky to self-petition while on a B-1 nonimmigrant visa. If USCIS believes that you committed visa fraud, you may receive a rejection and be put in removal proceedings.
How VisaNation Law Group Can Help
Self-petitioning a green card application must be approached with every sense of caution and thoroughness. The chance to circumvent the labor certification and job offer requirements will subject your petition to higher scrutiny. This is why you need an immigration lawyer to help you process your application.
VisaNation Law Group’s attorneys have extensive experience helping individuals apply for various categories of immigrant visas. We have successfully helped many applicants process and acquire green cards without sponsorship. Furthermore, we help prepare your petition and supporting documents as well as provide legal representation that will significantly boost your chances of approval. You can schedule a consultation with a VisaNation Law Group green card attorney today by clicking below.