Green Cards Without Sponsorship: How to Self-Petition in the U.S.
Key Points to Know
- You can secure a green card without a family member or employer sponsor through self-petition categories such as the EB-1A (Extraordinary Ability), EB-2 NIW (National Interest Waiver), EB-5 Immigrant Investor, and the Diversity Visa Lottery.
- Self-petition applicants do not need a U.S. job offer or labor certification (PERM).
- These cases offer greater independence but face stricter review standards and demanding evidence requirements.
If you’re seeking U.S. permanent residency but don’t want to depend on an employer or family member, self-petition green cards may be the solution. These categories allow you to take control of your immigration journey while demonstrating your eligibility directly to U.S. Citizenship and Immigration Services (USCIS).
Can You Get a Green Card Without Sponsorship?
Yes. Certain employment-based (EB) visa categories allow applicants to self-petition without the need for employer sponsorship. The most common self-petition green card pathways include:
- EB-1A Green Card (Extraordinary Ability)
- EB-2 NIW (National Interest Waiver)
- EB-5 Immigrant Investor Program
- The Diversity Visa Lottery
EB-1A Green Card: Extraordinary Ability
The EB-1A falls within the first preference employment-based category, which typically offers faster processing times than other EB visas. This option is reserved for individuals who have demonstrated extraordinary achievements in areas such as science, arts, business, education, or athletics.
EB-1A Requirements
Applicants must prove:
- Their accomplishments are well above the ordinary standard in their field.
- Their expertise provides a significant benefit to the United States.
- They intend to continue contributing in the same area of specialization after obtaining permanent residency.
Applicants must submit strong, verifiable evidence that their work has earned national or international recognition.
EB-1A Evidentiary Criteria
If you’ve received a world-renowned award (e.g., Olympic Medal, Oscar, Pulitzer Prize), this alone may establish eligibility. However, if you do not have such an award, USCIS provides ten alternative evidentiary criteria. You must satisfy at least three of the following:
- Nationally or internationally recognized prizes or awards for excellence.
- Membership in associations that require outstanding achievement.
- Published material in major media or professional journals about your work.
- Evidence of judging the work of others in your field.
- Authorship of scholarly articles published in leading outlets.
- Evidence of original, significant contributions.
- Exhibitions of your work in prestigious venues.
- Critical or leading roles in distinguished organizations.
- Evidence of commanding a high salary compared to peers.
- Successes in performing arts measured by commercial achievements.
At Green Card Link, immigration attorneys can help you carefully evaluate and prepare evidence that demonstrates your extraordinary ability under USCIS standards.
EB-2 National Interest Waiver (NIW)
The EB-2 NIW allows qualified applicants to bypass both the job offer and labor certification by proving that their work is of national importance to the United States.
EB-2 NIW Requirements
To qualify, you must demonstrate that:
- You meet the EB-2 requirements (advanced degree or exceptional ability).
- Waiving the job offer and PERM process is in the national interest.
- You are well-positioned to advance your proposed endeavor in the U.S.
Applicants must also satisfy at least three of the following criteria:
- Possession of an advanced degree or equivalent qualification.
- At least ten years of full-time experience.
- A license or certification to practice in the field.
- Evidence of a high salary compared to peers.
- Membership in professional associations.
- Recognition of contributions by government entities, peers, or organizations.
Applicants must also satisfy at least three of the following criteria:
Steps to Self-Petition (EB-1A and EB-2 NIW)
- File Form I-140 (Immigrant Petition for Alien Workers) with supporting evidence.
- Adjustment of Status (Form I-485) – If you are in the U.S. and your priority date is current, file Form I-485 to adjust your status.
- Consular Processing – If abroad, attend an immigrant visa interview at a U.S. consulate after I-140 approval.
- Approval – Upon approval, you become a lawful permanent resident.
EB-5 Immigrant Investor Green Card
The EB-5 visa allows foreign investors to obtain a green card by making a qualifying investment in the U.S. economy. Each year, approximately 10,000 EB-5 visas are allocated.
EB-2 NIW Requirements
- Minimum Investment: $1,050,000 (or $800,000 if investing in a targeted employment area).
- The investment must create or preserve at least 10 full-time U.S. jobs.
- Capital must be invested in a commercial enterprise, which may include:
- Sole proprietorship
- Partnership (limited or general)
- Joint venture
- Corporation
- Holding company
- Business trust
- Other lawful entities
- Sole proprietorship
The EB-5 is a powerful route for investors seeking both residency and business opportunities in the United States.
Diversity Visa Lottery
Each year, the Diversity Visa (DV) Lottery randomly selects applicants from countries with historically low immigration rates to the U.S. Approximately 55,000 visas are available annually.
EB-5 Green Card Process
There are five major steps to obtaining a U.S. green card through the EB-5 Immigrant Investor Program.
Step 1: Identify an EB-5 Enterprise
Begin by choosing a qualifying project that fits your investment goals and risk profile. You may invest in an existing company, launch a new venture, or participate in an enterprise that creates—or preserves—U.S. jobs.
You can pursue either:
- Direct EB-5 Investment: You actively manage or meaningfully engage with your own U.S. business.
- Regional Center Investment: You invest through a designated regional center, which may count indirect and induced job creation toward the program’s requirements.
Step 2: Prepare a Compliant EB-5 Business Plan
An EB-5 business plan is a critical piece of evidence demonstrating that your enterprise meets program rules. Unlike a standard business plan, an EB-5 plan must address immigration-specific requirements (such as job creation methodology and capital deployment). A professionally prepared, EB-5-ready plan should clearly explain the enterprise’s structure, financials, hiring projections, and how the project satisfies all USCIS criteria.
Step 3: Invest Capital and File Form I-526 / I-526E
After selecting a project and finalizing your strategy, you will deploy your capital—often initially placed into an escrow account per project terms. Next, an immigration attorney at Green Card Link will prepare and file your immigrant investor petition:
- Form I-526 (generally for standalone/direct investments), or
- Form I-526E (for regional center investments).
Your filing must include supporting evidence such as the business plan, lawful source and path of funds documentation, and credible job creation analyses. USCIS will notify you once a decision is made.
Step 4: Two-Year Conditional Permanent Residence
If USCIS approves your petition, you and qualifying family members are typically granted conditional permanent resident status for two years. During this period:
- Your capital must remain “at risk” and be lawfully sourced (cash, cash equivalents, inventory, or secured debt based on your personal assets).
- The investment must result in at least 10 qualifying, full-time U.S. jobs.
Step 5: Remove Conditions and Obtain Your Unconditional Green Card
Near the end of your two-year conditional period, you will file Form I-829, Petition by Investor to Remove Conditions, with evidence that the investment remained at risk and created the required jobs. Upon approval, the conditions on your status are removed and you’re issued a ten-year (unconditional) green card.
Green Card Through the Diversity Visa (DV) Program
The Diversity Visa Program provides another path to U.S. permanent residence without employer or family sponsorship. Each year, 50,000 applicants from countries with historically low U.S. immigration rates are selected at random. The online entry window typically runs from early October to early November via the U.S. Department of State website.
If selected, you do not need an employer sponsor to pursue your green card.
DV Green Card Processing Path
- Inside the U.S.: File Form I-485 to adjust status to lawful permanent resident (if you are eligible to adjust).
- Outside the U.S.: Complete Form DS-260 and proceed through consular processing at a U.S. embassy or consulate.
Note: Selection odds can be low due to high global demand and limited visa numbers.
Other Self-Petition Green Card Options
- TPS Beneficiaries: Certain individuals with Temporary Protected Status may adjust status through an approved immigrant petition where eligible.
- U Visa Holders: Victims of qualifying crimes who cooperated with law enforcement may apply for a green card after three years in U status (subject to eligibility).
- VAWA Self-Petitioners: Spouses, children, or parents of abusive U.S. citizens or permanent residents may file independently.
- Refugees: Eligible to apply for a green card one year after being admitted as a refugee.
- Special Immigrant Juveniles (SIJ): Children found by a state court to have been abused, abandoned, or neglected by a parent may qualify.
Self-Petition Green Card Processing Times
Actual processing times vary by workload, visa availability, and case specifics. The following are general ballparks based on typical USCIS timelines.
EB-1A (Extraordinary Ability)
- Form I-140: ~8 months
- Premium Processing: reduces the I-140 stage to 15 business days.
- Premium Processing: reduces the I-140 stage to 15 business days.
- Form I-485 (Adjustment): ~10 months
- Concurrent Filing: If eligible to file I-140 and I-485 together, total time to permanent residence can be as little as ~10 months, depending on adjudications and visa availability.
EB-2 NIW (National Interest Waiver)
- Form I-140: ~8 months
- Premium Processing: available with a timeline of ~45 business days for the I-140 stage.
- Premium Processing: available with a timeline of ~45 business days for the I-140 stage.
- Form I-485 (Adjustment): ~10 months
- Visa Bulletin: You must have a current priority date; wait times vary by country of chargeability.
Benefits of Self-Petitioning for a Green Card
Self-petitioning removes the dependency on an employer or family sponsor and can save time by skipping PERM labor certification, a separate and rigorous process required in many other employment-based categories. Achieving lawful permanent residence also enables you to sponsor certain immediate family members for green cards.
Frequently Asked Questions
- Can I sponsor myself for a green card through marriage?
- Can I apply for an EB-2 NIW without a job offer?
- Is a PhD required to self-petition for a green card?
- Do I need letters of recommendation for a self-petition application?
- Can I work in the U.S. while waiting for my green card?
- How long does it take to get a green card through self-petition?
- Is it risky to self-petition while on a nonimmigrant visa like a B-1 visa?
How Green Card Link Can Help
Self-petition cases demand careful strategy, airtight documentation, and precise evidence tailored to USCIS expectations. At Green Card Link, its immigration attorneys guide you from eligibility assessment and business plan alignment to source-of-funds documentation, petition drafting, and response to any USCIS requests. With deep experience across EB-5, EB-1A, EB-2 NIW, DV, and humanitarian pathways, an immigration attorney at Green Card Link can help you build a compelling case from the ground up and navigate adjudication with confidence.