EB1 & NIW Self-Sponsorship
There are two ways in which a foreign national can bypass the requirement of a job or job offer and labor certification/PERM
and apply for US permanent residence. They are the priority worker EB-1 category for Aliens of Extraordinary Ability
and the exceptional worker EB-2 National Interest Waiver
(NIW) category. Although these are employment based immigrant categories, neither require actual employment or even a job offer prior to the filing of the application or the approval.
The requirements of each category are quite stringent and a casual observer may believe that a Nobel prize is required to get an EB-1 petition approved, this is not the case. Likewise, the NIW requirements can be overcome with a strong legal argument.
The benefits of the EB-1 and NIW are enormous: Speed, Cost, and Freedom.
- A normal labor certification process can take years. The labor certification must be approved before the the employer can even file a sponsorship petition with the USCIS. EB-1/NIW petitions can be concluded in one year.
- Labor certification requires costly advertising fees and the employer is burdened with the monetary and time expense. Employers may pass these costs on to the employee through lower wages.
- While these petitions are pending the employee is tied to the employer until the process is completed. During this time, the employer wields an enormous amount of power over the employee which places the employee in a very weak position.
Checklist of Supporting Documents
1. Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien’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;
3. Published material about the alien in professional or major trade publications or other major media, relating the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
4. Evidence of the alien’s participation, either individually or on a panel, as a judge of work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media:
7. Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;
8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
11. Current resume
12. Copies of transcripts and diplomas
13. Copy of your employment contract or a letter from your company confirming your offer of permanent employment
14. Financial statement of the company or annual report (not necessary)
15. General information on your company or research institution (promotional literature, brochures, etc.)
