Essential Considerations for Self-Petition and Employer Sponsorship

Published: February 20, 2025

Family-based immigration is often a challenging and lengthy process for foreign nationals without a US citizen or a permanent resident family member. Besides family connections, it’s possible to secure permanent residency through employment-based visas. 

Around 140,000 employment-based immigrant visas are granted to eligible applicants every year. Most employment-based green categories require employer sponsorship. However, under certain circumstances, some visa categories permit self-petition. 

Understanding the differences between these two paths is essential to ensure compliance and enhance the chances of a successful green card application. This article explores essential considerations for self-petition and employer sponsorship to help you make more informed decisions. 

Understanding Self-Petition

A green card through self-petition enables you to avoid the process of getting an employment offer. In this immigration pathway, you don’t need a sponsor, such as an employer or family member to secure permanent residency. 

This is a viable alternative for foreign nationals who can showcase extraordinary skills and achievements that benefit the US economy. These employment-based visa classifications can permit you to self-petition: 

• EB-1A: This visa category is intended for individuals with extraordinary ability in the fields of arts, education, science, athletics, or business. Proof of sustained national or international recognition is typically required to qualify for this type of visa. 
• EB-2 NIW: Individuals applying in this category must possess an advanced degree or exceptional ability. You can bypass the job offer requirement and self-petition through a national interest waiver (NIW). However, it involves proving that your work benefits the US and waiving the job offer requirement is advantageous to national interest. 
• EB-5: Entrepreneurs can self-petition for an employment-based green card by investing in a new commercial enterprise that creates jobs for qualifying US workers. However, meeting the specific investment thresholds and job creation requirements is vital to be eligible for this category. 

Exploring Employer Sponsorship

A US employer can sponsor a foreign worker for a visa or green card through employment-based sponsorship. This is a common pathway for professionals and skilled workers. Typically, employer sponsorship is obtained under an EB-2 or EB-3 petition.

Here, the employer is responsible for proving that no qualified US workers are available for the position to support the foreign worker’s immigration application. Once the petition is approved, the foreign worker can apply for a visa at a U.S. consulate or adjust their status to a green card if already in the US. 

Considerations for Self-Petition and Employer Sponsorship

Immigration laws are complex, involving a multitude of requirements and procedures. Hence, a lawyer’s assistance is indispensable whether you’re considering self-petition or seeking employer sponsorship.

With an immigration lawyer, you can be confident that your green application adheres to all requirements, improving your chances of success. However, as a first step, consider the following when deciding to secure a green through self-petition or employer sponsorship: 

Assess your eligibility

Carefully assess your qualifications against the specific eligibility criteria for self-petition and employer sponsorship before making a decision. Consider the following points for a starter: 

• Do you have extraordinary abilities recognized nationally or internationally?
• Is your work of national interest to the US to be eligible for National Interest Waiver?
• Do you have an employer willing to sponsor you?

Documentation requirements

Self-petition and employer sponsorship require substantial documentation. Understanding what each pathway requires is critical to submit a comprehensive and strong application. 

Remember, you need to gather as much supporting evidence as possible to strengthen your qualifications. These include but are not limited to the following: 

• Publications, awards, recommendation letters, financial statements, and other documentation of extraordinary ability or national interest for self-petitions. 
• Proof job offers and documentation related to labor market testing requirements for employer sponsorship. 

Processing times and costs

Processing times and costs can vary significantly between self-petitioning and employer-sponsored applications. Being aware of how long it usually takes to complete your application can help manage realistic expectations and prepare accordingly. 

You can check the USCIS processing times webpage to get a general idea of its usual timelines. However, note that they are not always accurate, so only use the processing times as a reference point to plan your green card application. 

Discover More Immigration Options With ALG Lawyers

Each individual’s journey is unique. While both self-petitions and employer sponsorships provide certain advantages, they also come with challenges that can affect your immigration journey. 

Careful consideration of your circumstances, eligibility, and immigration goals is crucial to choosing the most appropriate immigration pathway. Our team at ALG Lawyers is ready to assist you in making a more informed decision. Get in touch now to discover more immigration options.