Published: April 28, 2022
Immigrating to the United States can open many doors for any individual. As the “Land of Opportunity,” America provides willing and determined immigrants a shot to success and financial freedom. One of the best ways to find prosperity in the country is by becoming an employment-based immigrant. For this visa category, applicants generally need a sponsor. However, many are unaware that getting a work visa without sponsorship is possible.
For others, choosing a job that does not need sponsorship is the better option. If you are one of those people, you are reading the right blog.
General Rule
Before immigrants may unlock an employment-based visa, they need an employer to sponsor them to the United States. Besides the said sponsorship, the employer must establish with the government that it requires a particular worker to fill in a job, that local US citizens may not fill in the position being sought for, and that the to-be hired employee must travel to the US to fulfill the job’s responsibilities.
Once approved, an employer must continuously sponsor an employee to maintain a valid immigrant status. The discontinuance of an employer’s sponsorship may affect one’s US green card eligibility. Please coordinate with a lawyer for Green Card if you have any plans to change employers or shift towards an employment category that does not require a sponsor.
What Is “Self-Petition”
When an immigrant wishes to gain an employment-based visa without a sponsor, they need to self-petition and file specific forms with the USCIS. Under this path, immigrants will not require a job offer from an employer. However, this type of employment path does not apply to all employment-based visas.
Notably, immigrants who do not need an employer may act independently and be unrestrained by an employer. Then again, it also means that one will not receive the protections and perks that typical employers may offer.
If you have more questions on this matter, please do not hesitate to contact ALG Lawyers’ Los Angeles permanent residency attorneys.
Visas Without Sponsors
Work visas that do not require sponsors exist but they are uncommon. Here are some that you may apply for:
1. EB-1 Visa
The EB-1 category includes immigrants possessing extraordinary ability or are outstanding professors, researchers, or multinational executives or managers. Applicants must prove their prowess through awards and recognitions they acquire from esteemed institutions.
An applicant may waive the requirement for labor certification if they are doing jobs in line with the national interest of the United States. Applicants who seek to qualify under the national waiver exception will undergo more scrutinous processes. It is not advisable for non-experts to do this alone. Our Los Angeles permanent residency attorneys can be with you in this undertaking.
2. EB-2 Visa
The EB-2 category covers immigrants with an advanced degree or exceptional ability. Applicants must receive a job offer and file for a labor certification with other technical requirements that the USCIS listed to work within the United States lawfully. However, an EB-2 applicant may choose to self-petition if they qualify for the National Interest Waiver.
National Interest Waiver
The national interest waiver allows eligible immigrants to gain permanent residency in the United States if:
- their proposed endeavor in the US has substantial merit and is of national importance,
- they are well-positioned to advance the proposed endeavor, and
- the United States will benefit by waiving the job offer and other permanent labor certification requirements.
The requirement for labor certification may be waived if the applicants’ jobs are in line with the national interest of the United States. Applicants who seek to qualify under the national waiver exception will undergo more scrutinous processes.
It is not advisable for non-experts to do this alone. Our Los Angeles permanent residency attorneys can be with you in this undertaking.
3. EB-5 Visa
The EB-5 visa is also known as the investor visa. It can grant Green Cards to foreign investors who create jobs and make capital investments within the country or those who invest through regional centers designated by USCIS. Unlike most employment-based visas, EB-5 is a self-petitioning visa.
EB-5 applicants do not need a sponsor or a job offer for their application. In place of the EAD, applicants should petition to be alien entrepreneurs. When already residing in the United States, applicants should also adjust their status and file for the removal of conditional status, if needed.
Tips for Employees Without Sponsors
Applying for a work visa without a sponsor comes with unique challenges. One of the biggest struggles would be working on several things by yourself. Without an employer, you have to be responsible for all requirements and processes.
Here are tips you can utilize to help improve your situation and avoid further difficulties:
1. Inspect every requirement carefully.
In acquiring a work visa without sponsorship, no one will work with you on preparing and processing requirements. While you have more freedom in deciding what to do and when to do them, your individual responsibility rises. Once you commit a mistake, there is no one else to blame for.
It is best to be more meticulous with every submission and file record. Take note of the submission dates and appropriate filing centers. For best results, collaborate with a reliable immigration attorney.
2. Do not give away private information that easily.
Never disclose your personal information to shady individuals or institutions. The same goes when filling out forms or surveys online. As much as possible, only share your details with government agencies, official websites, and trustworthy law firms. The cases of identity theft and breach of privacy have been rampant lately.
3. Read before you sign.
As an independent petitioner, you will be doing most of the paperwork. Applying for visas, especially those under the employment-based category, will involve countless documents and attachments. One of the biggest mistakes applicants make is not lodging their signatures where they are needed. Also, some applicants place their signatures on the wrong pages creating inappropriate markings on their applications.
4. Stay away from malicious online sources.
As a non-expert, one of your greatest downfalls would be misinformation. The internet is filled with endless information about anything. While you can search for guides on how to self-petition, there are too many websites that offer inaccurate and outdated inputs on the said matter. Refrain from believing too quickly about everything you read online.
5. Coordinate closely with an immigration lawyer.
Processing a work visa without a sponsor is a more uncommon circumstance. While that is the case, it does not mean that no one can help you. ALG Lawyers has a team of diligent immigration attorneys you can rely on. We are here to answer your questions and suggest solutions to your problems.
Here are more reasons for hiring an immigration attorney while processing your Green Card.
All-in-One Immigration Support
ALG Lawyers offers all the support you need to have successful immigration. Our league of Los Angeles permanent residency attorneys has the practical knowledge and skills to address technical concerns. In addition, we have hardworking staff members who will diligently organize and update on clerical matters.
Moving to a new country in itself is already a challenging situation. We understand this situation may have caused you distress and anxiety. You do not have to carry all the burden by yourself.
At ALG Lawyers, you have a family. We will utilize everything in our power to make your immigration as seamless and hassle-free as possible.