You may self petition for a green card if you qualify under either of the following categories:
- You are a Person of Extraordinary Ability in the arts, education, business, science or athletics. (EB-1)
- You are eligible for National Interest Waiver (EB-2)
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Self Petition for a Person of Extraordinary Ability (EB-1a)
Your I-140 visa petition must show that:
- You belong to that “small percentage” of persons who have “risen to the very top of their field of endeavor”.
- You receive a major internationally recognized award, such as a Nobel Prize; or
- You have met at least 3 of 10 criteria required by the USCIS.
Self Petition for a National Interest Waiver (NIW) (EB-2)
Your I-140 visa petition must demonstrate that you meet the following requirements:
- Your proposed endeavor has both substantial merit and national importance;
- You are well positioned to advance the proposed endeavor; and
- On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.
Self Petition for a National Interest Waiver (NIW) for a Physician (EB-2)
Your I-140 visa petition must show that:
- You have a job offer in a medically-underserved area (MUA, MUP, HPSA or PSA) or for the Veterans Administration for a minimum of 5 years;
- You must obtain a statement (“attestation”) from a federal agency or a state department of health that has knowledge of your qualifications as a physician and that states your work is in the public interest; and
- You must have a license to practice medicine in the state of intended employment.
If your priority date is current when you submit your I-140 visa petition, we recommend that you file your I-485 application for adjustment of status packet simultaneously. This will allow you to obtain an EAD and an Advance Parole travel permit.