How Can You Get a Green Card Without Employer Sponsorship?

A Green Card allows foreign nationals to live and work in the U.S., and can lead to U.S. citizenship by naturalization after a certain amount of time.

Two main categories of U.S. visas grant Green Cards to foreign nationals: family-sponsored visas and employment-based immigrant visas. Under family-based visas, foreign nationals can receive sponsorship to apply for a Green Card from a close family member like a spouse, sibling, or parent who is a U.S. citizen or permanent resident.

Employment-based visas are typically the go-to option for people who have no family that can sponsor them in the U.S. However, most employment-based visas require a job offer and employer sponsorship, and finding an employer that offers visa sponsorship can be challenging.

In this article, we’ll discuss the various employment-based pathways to get a Green Card by self-petitioning without employer sponsorship.

Pathways to Obtaining a Green Card Without Employer Sponsorship

EB-1A Extraordinary Ability Visa

The EB-1A visa is a subcategory of the first preference employment visa. It offers U.S. permanent residency to foreign nationals with extraordinary ability in sciences, art, athletics, business, or education. So, only those at the top of their fields can benefit from this visa.

To qualify, you must have national or international acclaim and recognition in your field of expertise. You can also be eligible if you have an extraordinary achievement, such as winning an Oscar, an Olympic medal, or a Pulitzer Prize. You must provide extensive documentation showing sustained recognition in your field.

EB-1A applicants do not need employer sponsorship since they’re coming to the U.S. to work in their field of expertise. If you meet the requirements, you can self-petition for an EB-1A visa by filing a Form I-140 petition with the United States Citizenship and Immigration Services (USCIS).

Given that only a few people can meet the EB-1A requirements, there are no backlogs in this visa category, and applicants enjoy relatively fast processing times.

EB-2 National Interest Waiver (NIW)

The EB-2 National Interest Waiver visa is a subcategory of the second preference employment visa. It is only available to people with advanced degrees or extraordinary abilities in sciences, arts, and business. It allows qualified candidates to skip the labor certification and employer sponsorship requirements of the ordinary EB-2 visa.

To qualify for an EB-2 national interest waiver, you must prove that you have exceptional ability in your field of expertise and that your work will significantly benefit the U.S.

NIW is a great option for individuals who have made outstanding achievements in their fields but do not meet the criteria for an EB-1A visa. To start the EB-2 NIW process, you must also file an I-140 petition and provide supporting documentation to prove your eligibility. You must include a letter explaining to USCIS how granting you a waiver will benefit the U.S.

EB-4 Special Immigrants

The employment fourth preference visa grants permanent residence to certain special immigrants who do not fit into the other employment-based categories. There are several subcategories under the EB-4 visa. They include:

• Ministers of religion.
• Certain broadcasters in the U.S. under the employment of the International Broadcasting Bureau of the Broadcasting Board of Governors or its grantees.
• Certain employees or former employees of the U.S. government overseas.
• Certain retired international organization employees.
• Certain dependents (spouse and unmarried children) of international organization employees.
• Special juvenile immigrants—children neglected or abandoned in the U.S. who are in the care of juvenile courts.
• Certain former employees of the U.S. government, the Panama Canal Company, or the Canal Zone Government in the Panama Canal Zone.
• Certain foreign nationals who have served in the U.S. military for at least 12 years.
• Certain foreign physicians who have worked in the U.S. for many years.

To start the EB-4 application process, applicants must file a Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant). Once the petition is approved, they can apply for a Green Card.

EB-5 Immigrant Investor Program

The EB-5 program grants U.S. permanent residency to foreign nationals who successfully invest in a new commercial enterprise (NCE) in the United States. The U.S. Congress created the EB-5 program to attract foreign investment capital and create jobs for American workers.

To qualify for an EB-5 visa, applicants must invest at least $1,050,000 in a new commercial enterprise or $800,000 in an NCE within a targeted employment area (TEA). The enterprise must also provide jobs for at least ten qualified U.S. workers.

Foreign investors applying for an EB-5 immigrant visa can invest directly in an NCE or through a USCIS-approved regional center. However, the requirements for direct investments are more stringent.

The EB-5 visa process starts with filing an I-526E immigrant petition. Once the I-526E is approved, applicants can receive conditional permanent residence. Applicants outside the U.S. will go through consular processing to obtain their conditional Green Cards. Lawful permanent residents can apply to remove the conditions after two years if they continue to meet the visa requirements.

Thanks to the EB-5 Reform and Integrity Act of 2022 (RIA), eligible applicants inside the U.S. can concurrently file for employment authorization, advance parole (travel authorization), and adjustment of status along with their I-526E petition.

The Fastest Way to Get U.S. Permanent Residency Without Sponsorship

While all these immigration categories are pathways to getting a Green Card without sponsorship, they’re not available to everyone. The EB-1A and EB-2 NIW are only available to individuals at the top of their careers, while the EB-4 is reserved for select categories of foreign nationals. Only the EB-5 visa is open to all, regardless of nationality, educational qualifications, or career achievements.

There are several different categories under the EB-5 program, as well. While most investors choose the regional center route, they should also do their due diligence to find the most suitable investment type for themselves and their families.

Aside from the lower investment thresholds mentioned above, EB-5 targeted employment area projects offer other benefits, such as set-aside visa quotas. Among these TEA categories, rural EB-5 projects provide the unique advantage of priority processing, which means USCIS processes petitions in this category earlier than others. This is why investing in a rural TEA project is the most straightforward—and currently the fastest—way to get an EB-5 Green Card.

EB5AN Can Help You Secure Your Green Card

If you are considering applying for a Green Card without family or employer sponsorship but do not have the specific qualifications required for the EB-1A and EB-2 NIW categories, investing in a rural EB-5 project can be your best option.

To apply for an EB-5 visa, you need to understand the requirements and USCIS processes. These can be complicated, so it’s best to get help from an experienced immigration attorney and a team of EB-5 experts.

EB5AN can provide you with the guidance you need for a successful Green Card process. Throughout 10+ years, we’ve helped over 2,300 families relocate to the U.S. as lawful permanent residents. We offer our clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

For more information about the EB-5 Investor Program and the processes involved in applying for a Green Card, please schedule a one-on-one call with our team today.