Uncovering Green Card Routes without Employer Sponsorship: EB-1A Visa, EB-2 NIW Visa, and EB-5 Visa
Obtaining a green card in the United States without the support of an employer can be tough, but it's possible.
Although most green card categories tied to employment demand a job offer and support from an employer, there are other ways for people to seek permanent residency on their own.
In this article, we'll delve into some of these options, discussing who qualifies, the obstacles they might face, and the advantages they can expect.
EB-1A Visa
EB-1A, known as the Extraordinary Ability category, is designed for individuals who excel in their fields, spanning sciences, arts, education, business, or athletics. To meet EB-1A requirements, applicants must showcase exceptional ability acknowledged nationally or internationally. This recognition should reflect sustained acclaim in their area of expertise.
Applicants for EB-1A must substantiate their extraordinary abilities with comprehensive documentation, demonstrating the impact and recognition of their achievements within their field.
The bar for proving extraordinary ability is set remarkably high. This category is reserved for individuals who have truly excelled, reaching the pinnacle of their respective fields. EB-1A could be an appealing choice for those who can present a substantial record of achievements and a history of success. Evidence such as awards, recognition, publications, patents, media coverage, and letters of recommendation can help support your case.
Application Process and Advantages of EB-1A Visa
Individuals have the option to petition for their own EB-1A, and there's no need for a specific job offer as long as you can demonstrate your intent to work in the U.S. within your area of expertise.
One major advantage of the EB-1A category is the typically minimal backlog in visa availability for applicants. Though there's currently a backlog for individuals born in China and India, it's still much faster compared to the more conventional EB-2 and EB-3 categories.
Applicants already in the U.S., can simultaneously submit Adjustment of Status (Form I-485) applications along with the I-140 when their priority date is current. This enables applicants and their families to potentially receive benefits like the ability to apply for an Employment Authorization Document (work permit) and Advance Parole (travel permit) while their I-485 is being processed.
EB2 NIW Visa
The EB2 NIW visa is an option for individuals possessing advanced degrees or exceptional abilities in fields considered crucial for the national interest of the U.S.
This category is often suitable for those who might lack extensive evidence to prove sustained national or international acclaim required for the EB-1A category. Instead, applicants can demonstrate:
- The proposed endeavor holds significant merit and national importance.
- They are well-equipped to advance this proposed endeavor.
- In general, it would be beneficial for the United States to exempt the standard prerequisites of a job offer and labor certification.
The Benefits of EB-2 NIW Visa for STEM Professionals
The EB-2 NIW visa is particularly advantageous for individuals holding advanced degrees in science, technology, engineering, or mathematics (STEM) fields. In January 2022, USCIS updated its Policy Manual, emphasizing the importance of advancements in STEM fields and the crucial role individuals with advanced STEM degrees play in driving progress. This is especially notable in critical and emerging technologies or other STEM areas vital to U.S. competitiveness or national security.
EB-2 NIW Visa: A Path for Entrepreneurial Ventures
Additionally, the EB-2 NIW is a favorable option for entrepreneurs embarking on a proposed endeavor, even through a U.S.-based entity where the entrepreneur has or will have an ownership interest. The entrepreneur's active and central involvement, leveraging their knowledge, skills, or experience, can significantly propel the proposed endeavor forward.
The EB-2 NIW visa offers a significant benefit in that it doesn't necessitate employer sponsorship. This grants individuals more freedom and independence in pursuing their career aspirations.
For employers sponsoring the EB-2 NIW, this category offers the advantage of bypassing the labor certification (PERM) process. This streamlines the application procedure, saving time and effort, as well as the advertising expenses linked with the labor market test.
EB-5 Investor Visa
The EB-5 Immigrant Investor Program offers individuals the opportunity to secure a green card by making a qualifying investment in a new commercial enterprise that generates jobs for U.S. workers. This program was established by Congress to bolster the U.S. economy by encouraging foreign capital investment in enterprises that create or maintain jobs in the country.
Investors have the option to invest directly or through a Regional Center. Investments made through Regional Centers benefit from a more flexible requirement for job creation, allowing investors to count indirectly created jobs.
EB-5 Reform and Integrity Act of 2022
As of March 15, 2022, the EB-5 Reform and Integrity Act of 2022 increased the standard investment amount to $1,050,000, with a reduced amount of $800,000 for investments made in targeted employment areas (TEAs). While this option demands a substantial financial commitment, it offers a pathway to permanent residency without the necessity of employer sponsorship.
Unlike the EB-1A and EB-2 NIW programs, the EB-5 program doesn't have specific education or experience requirements, and applicants aren't obligated to demonstrate any past achievements or endeavors of national importance.
Under the EB-5 Reform and Integrity Act of 2022, investors in the U.S. have the option to file an Adjustment of Status (Form I-485) application concurrently with either an I-526 or I-526E investor petition when the priority date is current. Importantly, there are presently no backlogs, even for individuals born in India or China, particularly if the investment is in a high-unemployment or rural project. This aspect makes the EB-5 program the fastest route to permanent residency for many individuals.
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