Self-Petition

EB-2 with National Interest Waiver

Employment-based, second-preference petitions must usually be accompanied by an approved Application for Permanent Employment Certification from the Department of Labor on ETA Form 9089, however, you may request a waiver of this requirement through a National Interest Waiver petition.

Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker. In addition to providing evidence of an advanced degree or exceptional ability, you must also meet the 3 National Interest Waiver criteria in order to demonstrate that it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification:

The proposed endeavor has both substantial merit and national importance.
You are well positioned to advance the proposed endeavor.
It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

Individuals working in the fields of science, education, research, health care, economics, finances may qualify. Alternatively, if you started a business that has a proven record of success in providing employment as well as providing a benefit to the country, you may also qualify. For more guidance on how you may qualify through your business, see Business/Investment-Based.

No job offers and only few publications? No Problem: We have obtained approvals for many cases for medical consultants where they are located outside of the US and therefore unable to obtain a job offer. These consultants sometimes also only have a few publications. There is a misunderstanding that to qualify for the National Interest Waiver of the job offer requirement and to self-petition, you must have at least a certain number of publications. That is not true. It depends on your other accomplishments. Even with just a few publications, you can get a green card if you have a plan and show that you are the best person to carry forward that plan.

EB-1A Extraordinary Ability

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability in your profession. You do not need a labor certification, if you meet certain requirements as listed. Your achievements must be recognized in your field through extensive documentation. You do not need to have an offer of employment. However, you must provide evidence showing you are coming to the United States to continue work in this area of expertise.

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. You must meet at least 3 of the 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing that you will be continuing to work in the area of your expertise.

Criteria for Demonstrating Extraordinary Ability – In order to demonstrate you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of your membership in associations in the field which demand outstanding achievement of their members
Evidence of published material about you in professional or major trade publications or other major media
Evidence that you have been asked to judge the work of others, either individually or on a panel
Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence of your performance of a leading or critical role in distinguished organizations
Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
Evidence of your commercial successes in the performing arts

Extraordinary Ability Temporary Work Visas

You may be eligible to obtain a work visa under O-1 category if you are an independent contractor, self-employed, or you work for many employers. You do need a “Petitioner” to sign the forms for these visa categories. However, their qualifications and what these petitioners have to do is not as rigid as the “Employer Petitioners” as explained in the Employment-Sponsored section. Contact us to see if your potential “petitioner” qualifies to sign for your O-1 visa petition.

In support of an O-1 Petition for a Nonimmigrant Worker, the petitioner must establish that the beneficiary:

Has extraordinary ability in the sciences, education, business, or athletics, or arts (O-1B) which has been demonstrated by sustained national or international acclaim;
Has achievements that have been recognized in the field through extensive documentation; and
Is coming to continue work in the area of extraordinary ability (but not necessarily that the particular duties to be performed require someone of such extraordinary ability).

O-1A beneficiary has sustained national or international acclaim and is one of the small percentage who have arisen to the very top of his or her field

The supporting documentation for an O-1A petition must include evidence that the beneficiary has received a major internationally recognized award (such as the Nobel Prize) or at least three of the following forms of evidence:

Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
Documentation of the beneficiary’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
Published material in professional or major trade publications or major media about the beneficiary, relating to the beneficiary’s work in the field for which classification is sought, which must include the title, date, and author of such published material, and any necessary translation;
Evidence of the beneficiary’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization for which classification is sought;
Evidence of the beneficiary’s original scientific, scholarly, or business-related contributions of major significance in the field;
Evidence of the beneficiary’s authorship of scholarly articles in the field, in professional journals, or other major media;
Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services, as evidenced by contracts or other reliable evidence.

If these criteria are not readily applicable to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility.

O-1B (Arts) beneficiary has sustained national or international acclaim and has achieved distinction in the field of arts

It is important to note that the standard for showing extraordinary ability in the arts is “distinction”, which means “a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts”, a lower standard from the “one of the small percentage who have risen to the very top of his or her field” for the O-1A beneficiary. 8 CFR 214.2(o)(3)(ii).

The supporting documentation for an O-1B (Arts) petition must include evidence that the beneficiary has received, or been nominated for, a significant national or international award in the particular field (such as an Academy Award, Emmy, Grammy, or Director’s Guild Award) or at least three of the following forms of evidence:

Evidence that the beneficiary has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
Evidence that the beneficiary has achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;
Evidence that the beneficiary has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials;
Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the beneficiary’s achievements; or
Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

If these criteria are not readily applicable to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility.