September 11th, 2023 at 04:15 am
EB-1 Self Petition Process | EB-1 Green Card Updates
A guide on the EB-1 self-petition procedure. Without a US-sponsoring employer, getting a green card is not as impossible as many people think. Without a US employment offer or a sponsoring company, it is possible to apply for a green card through the EB-1 self-petitioning process. The EB-1 self-petitioning procedure, prerequisites, advice from experts, and much more will be covered in this post.
Two Paths to Self-Petition: EB-1A and NIW
EB-1A
The extremely prestigious EB-1A immigrant visa is only granted to the most exceptional people. As a result of that criterion, it becomes one of the harder visas to obtain. You must match one of the following criteria to be eligible for the EB-1A:
- Proving that you have won a significant, internationally renowned award
- Also, demonstrate that you’ve met at least three of the alternative criteria listed below.
- Received a less prestigious, nationally or internationally renowned award
- Next, retain membership in an elite group that needs remarkable talent to join
- Also, have served as an official judge of your field’s peers’ work. This can be done either in a panel setting or one-on-one.
- Moreover, acting as a thesis for a graduate degree Committee Member can also be used to demonstrate that you have made important intellectual or scientific contributions to your subject.
- Besides that, having scholarly pieces that have been published in prestigious trade publications
- Similarly, being an important member of a renowned organization in your industry
- Lastly, demanding a high wage that demonstrates your exceptional talent
It’s crucial to note that you can also get an EB-1A through your workplace if you do have a sponsoring employer. The EB-5 for investors and the EB-2 with NIW are two more types of green cards that permit self-petitioning.
EB-2 with National Interest Waiver
If a person with outstanding ability can show that their employment is in the national interest of the US, the NIW permits them to bypass the job offer and labor certification procedures. Merit in the fields of commerce, research, technology, health, culture, or education can demonstrate the value of a country.
Quantifiable proof of the economic impact is not necessary, but it could support your claim. If you want the employment offer requirement for an EB-2 waiver, you’ll need to provide evidence that the US would profit overall. In other words, there are more benefits to waiving the job offer requirement than there are to not waive it.
Talk further about this with your immigration lawyer. The material you supply will be used by immigration officials to determine whether your case has serious merit. The total processing period can vary based on which Center is handling your petition, but generally speaking, it can range from 10 months to 2 years or more depending on how quickly your I-140 is processed.
The I-140 processing time ranges from six to nine months before a visa is made accessible. There is a premium processing option available for an additional cost.
Keep in mind that the number of EB-2 green cards that can be issued each year is capped according to the applicant’s country of birth and preference category.
Know the difference between an EB-1 Green card and an EB-2 Green card
EB-1 Green Card
- For Managers and executives, extraordinary achievements
- Also, No labor certification needed
- Next, EB-1 self-partitioning possible
- Lastly, High standard of Eligibility
EB-2 Green Card
- For Advanced degree holders
- Also, people with exceptional ability who obtain an NIW
- Additionally, a lower standard of Eligibility
Frequently Asked Questions
Can I apply for EB-1 on my own?
Yes! You can preserve your status with the EB-1A, which grants you a green card for ten years. Your green card should be renewed without any issues.
Who may submit a Green Card self-petition?
Those who can prove outstanding competence may self-petition. It is strongly advised to hire a knowledgeable EB-1 self-petition attorney due to the complexity and difficulties that could occur in a self-petitioning case.
Obtaining an EB-1 green card is challenging.
You can get your EB-1A application approved if you have the correct immigration team working for you.
O-1 Visa Petitions, Requirements & Processing Time
You cannot self-petition for an O-1 visa, to the best of our knowledge. To establish an employee-employer relationship, you might set up a corporation as an applicant and work for yourself. There are workarounds available for those who are not necessarily working or have not received a job offer to apply for the O-1 Visa.
Learn more about the requirements, eligibility, and processing times for O-1 Visa self-petition.
Establishing an employer-employee relationship
Identifying an employer-employee relationship: USCIS letter. the phrase American employer;
- First and foremost, engages a person to work in the United States
- Secondly, it has an employment relationship with its workers. According to this section, as implied by the fact that it may employ, compensate, discharge, monitor, or otherwise regulate the employment of any such employee who possesses a tax identification number issued by the Internal Revenue Service. Being the sole manager, sole operator, or sole employee is not permitted because it does not create an employer-employee relationship.
- Being the single or majority shareholder of a corporation and serving on the board of directors, for instance, will establish the connection because other board members may wield power over you in a hierarchical manner, allowing them to fire you or make payments to you.
O-1 Visa Self-Petition Criteria
- First, the presence of investor evidence.
- Next, the existence of bylaws that list the names and duties of board members.
- Third, the board’s ability to specifically fire the foreign national by the bylaws.
- Also, other investors will oversee the on-site work of the foreign nationals
- Additionally, the availability of the foreign nationals’ performance evaluations, their level of monitoring, and the choice of their daily activities
These O-1 self-petition cases will be carefully examined by USCIS to see if the firm has any control over the beneficiary.
Likely questions to be asked by immigration officials
- Does the petitioner oversee the beneficiary and is this supervision conducted on-site or off-site?
- In off-site situations how does the petitioner maintain supervision?
- Does the petitioner have the authority to manage the beneficiary’s daily work when necessary?
- Are the tools and equipment required for the beneficiary’s job provided by the petitioner?
- Does the petitioner possess the right to hire terminate and remunerate the beneficiary?
- Does the petitioner evaluate the beneficiary’s work including performance and progress reviews?
- Does the petitioner offer any employee benefits to the beneficiary?
- Is the beneficiary claim for tax purposes by the petitioner?
- Does the beneficiary create the final product that directly aligns with the petitioner’s expertise?
- Does the beneficiary use the petitioner’s proprietary information to perform their job duties?
- Can the petitioner dictate how the beneficiary work product is achieved
How to show extraordinary ability as an entrepreneur
When starting a business, an entrepreneur must still be able to exhibit exceptional talent. Here are the supporting documents you should include with your application to USCIS.
- Foremost, receiving accolades that are nationally or internationally renowned and may provide the business with further funding
- Second, belonging to a prestigious group that requires exceptional performance
- Next, occupying an important position in prestigious organizations. This criterion can be met if the candidate is the company founder by providing letters of recommendation and thorough role descriptions.
- Also, reviewing other people’s efforts in the industry, such as through competing in Pitch events
- Moreover, being paid well by one’s level of knowledge in a particular field
- Above all, writing papers for prestigious journals and other media sources
Requirements for O-1 Visa Petitions
The O-1 Visa comes in two subcategories. The O-1A visa is for people with exceptional potential in the arts, business, education, and athletics, while the O-1B visa is for people who have made significant contributions to the film or television industries.
One must exhibit outstanding skill through ongoing national or international acclaim to meet the O-1 visa requirements. You must possess a degree of competence that is shared by just a small subset of those who have achieved the pinnacle of their area.
O-1 Visa processing time
Depending on which service center is in charge of making decisions about the necessary considerations, the overall O-1 processing center may change. The period takes into account the I-129 form, the Consular processing of the DS-160 form, and an interview.
The processing times for the i-129, ds-160, and consular applications vary greatly and can take anywhere between two and three months. Depending on where you are, your appointment could take two to three weeks. Remember that you can choose premium processing for an additional $2,500 price to shorten the processing time and that the O-1 visa is typically handled more quickly than other visas like the H-1B visa.
Visit Newsnowgh.com for the most up-to-date information on changes to visa criteria, prospective paths to obtaining legal residency, and others.