I have moved to USA on L1A visa sponsored by my employer. After six months I have requested them to file for green card but they are unable to sponsor me at this time. Can I file green card on my own through an immigration attorney for me and my family? How different is it from employer based sponsorship?
Self processed green card
- Thread starter ckumark
- Start date
Sm1smom
Super Moderator
You can self petition if you meet the requirements to do so under the NIW or EB1A category. You'll need to do your own research to figure out if you're eligible to do so, and not simply because you're on a L1A status.
@ckumark ,
There are mainly 2 basis for applying for Permanent residency in US (i.e. Green card)
1. The employer needs you in US permanently since they cannot find qualified employees. They would file a LCA (Labor Certification Application) that proves they tried searching for employees with certain qualifications but could not find. They comes I-140 application that proves you meet all the requirements and need to stay in US as LPR. When your date becomes current (if you are from high immigration country) you can apply for I-485 (AOS) to change status to LPR.
2. You have family member who is US Citizen or LPR and needs you permanently in US. They file I-130 (Petition for Alien Relative) to prove they can sponsor you and to prove the relationship between you. You can do AOS after I-130 is approved.
In your case if your basis is employment based, someone would have to do the LPR and I-140 process to show the employer tried searching for local talent including putting ads and searching new employees by all channels but couldn't find suitable person and you meet the needs. I have not heard of an individual doing this on there own without company's involvement. But I am not a legal professional. Maybe it can be done.
There are mainly 2 basis for applying for Permanent residency in US (i.e. Green card)
1. The employer needs you in US permanently since they cannot find qualified employees. They would file a LCA (Labor Certification Application) that proves they tried searching for employees with certain qualifications but could not find. They comes I-140 application that proves you meet all the requirements and need to stay in US as LPR. When your date becomes current (if you are from high immigration country) you can apply for I-485 (AOS) to change status to LPR.
2. You have family member who is US Citizen or LPR and needs you permanently in US. They file I-130 (Petition for Alien Relative) to prove they can sponsor you and to prove the relationship between you. You can do AOS after I-130 is approved.
In your case if your basis is employment based, someone would have to do the LPR and I-140 process to show the employer tried searching for local talent including putting ads and searching new employees by all channels but couldn't find suitable person and you meet the needs. I have not heard of an individual doing this on there own without company's involvement. But I am not a legal professional. Maybe it can be done.
Sm1smom
Super Moderator
This is absolutely not true. Employer or family sponsorship are NOT the only ways of obtaining a LPR status.
USCIS released new guidance today(1/15/2025) on EB2 NIW petitions.
As @newacct mentioned above, yes NIW can self-petition.
USCIS Updates Guidance on EB-2 National Interest Waiver Petitions | USCIS
U.S. Citizenship and Immigration Services is updating its policy guidance to clarify how we evaluate eligibility for the second preference employment-based (EB-2) classification for immigrant petitions filed with a request for a national interest waiver (NIW).
www.uscis.gov
As @newacct mentioned above, yes NIW can self-petition.