Important Updates
Important Updates
May 22, 2025 | United KingdomConstruction Management: Immigration White Paper: What it Means for UK Construction
May 23, 2025 | United StatesAmerican Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations
May 23, 2025 | Ireland, United Kingdom, BelgiumClassical Music: The Immigration Hurdles Facing UK Orchestras in Europe
May 23, 2025 | United States, FranceFragomen Recognized at FACC Midwest Chicago Business Awards
May 23, 2025 | United KingdomNorthern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England
May 22, 2025 | United KingdomConstruction Management: Immigration White Paper: What it Means for UK Construction
May 23, 2025 | United StatesAmerican Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations
May 23, 2025 | Ireland, United Kingdom, BelgiumClassical Music: The Immigration Hurdles Facing UK Orchestras in Europe
May 23, 2025 | United States, FranceFragomen Recognized at FACC Midwest Chicago Business Awards
May 23, 2025 | United KingdomNorthern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England
May 22, 2025 | United KingdomConstruction Management: Immigration White Paper: What it Means for UK Construction
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

Often Overlooked Green Card Alternatives for Self-Petitioners

October 31, 2016

Marco Deutsch

Country / Territory

  • United StatesUnited States

Related contacts

Porthole Headshot Image of Fragomen [Irvine][Associate][JennaRobinson]

Jenna Robinson

Senior Associate

Irvine, CA, United States

Email

[email protected]

T:+1 949 862 9487

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole Headshot Image of Fragomen [Irvine][Associate][JennaRobinson]

Jenna Robinson

Senior Associate

Irvine, CA, United States

Email

[email protected]

T:+1 949 862 9487

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole Headshot Image of Fragomen [Irvine][Associate][JennaRobinson]

Jenna Robinson

Senior Associate

Irvine, CA, United States

Email

[email protected]

T:+1 949 862 9487

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Jenna Robinson

For most foreign nationals, the ability to obtain a green card can come from one of two ways: family-based or employment-based. Through the conventional employment-based route, a green card application requires a job offer from a U.S. sponsoring employer. But is this always required? The answer is no, for some. 

With millennials starting to take over the work force, technological innovation and start-up companies are becoming increasingly popular. Some occupations by nature are predominantly for the self-employed and many traditional employers have limitations on both when and who they will sponsor for a green card. Not to mention, the most common employment-based application requires a labor market test administered by the Department of Labor which can take up to 18 months to get approved.  

However, unbeknownst to many, there are a few exceptions to the general rule that allow a foreign national to pursue a green card without a permanent job offer and completely bypass the labor certification test: First-preference Extraordinary Ability (EB-1) or a National Interest Waiver (EB-2). Both options are widely under-utilized by the immigration community.

I spend a lot of time educating clients about long-terms options they once thought were impossible. I recently worked with a client who had just started his post-doctoral research period and was working pursuant to his student visa’s optical training period. He had already attained an extremely impressive resume and had quickly become an industry leader in his very niche field of study. However, because he was still a relatively new researcher and hadn’t been working with his University for very long, they had not agreed to sponsor him for permanent residency. During our initial consultation, he expressed his concern that he would not be able to apply for a green card for some time and was afraid he had no other options. Unbeknownst to him, he was the perfect candidate for a self-sponsored EB-1 case. The case ended up being a success and he was approved within two weeks without ever having to tell his University he was even applying! 

Extraordinary Ability (EB-1)

As discussed, a foreign national may “self-sponsor” their own green card by using the first-preference extraordinary ability category. This option is the highest-level category and is quite subjective in nature. Open to individuals from all fields including science, arts, education, business, or athletics, applicants must prove that they are among the top few percent of people in their field and have achieved national or international acclaim. While intimidating to some, this has become a rather attainable option for specific foreign nationals. 

In short, successful applicants must provide evidence satisfying at least three of the ten enumerated criteria. As the most elite green card category available, applicants often spend months preparing their petitions and obtaining detailed reference letters from industry luminaries attesting to their top-notch standing in their field. Nonetheless, perhaps the biggest perk to this category involves the ability to expedite the processing of the application and bypass the backlog of green cards for popular countries such as India and China once approved. 

National Interest Waivers (EB-2/NIW)

The second option for a self-petitioned green card case is commonly referred to as an “NIW” a.k.a. a National Interest Waiver. An NIW is like the EB-1, in that it does not require a labor market test, but the legal standard for a showing of excellence in the field is a bit lower and U.S. Citizenship and Immigration Services (USCIS). While there is no bright-line rule for what is considered a successful case, the applicant must generally hold an advanced degree; their work must be of substantial intrinsic merit; be national in scope; and waiving the requirement of the labor certification (mentioned above) must be in the national interest.  

Although there are some industries that lend itself more favorable to this category, the current influx of technological innovation will likely attract an abundance of candidates in the imminent future. 

Due to the complex nature of the variety of available options, it is crucial for an individual who wishes to apply for permanent residency in the U.S. to consider all options. In order to prepare the best possible case, it is strongly recommended that applicants consult with experienced immigration counsel to assess their qualifications and advise the best strategy moving forward. If you have questions, please contact me at [email protected].

Country / Territory

  • United StatesUnited States

Related contacts

Porthole Headshot Image of Fragomen [Irvine][Associate][JennaRobinson]

Jenna Robinson

Senior Associate

Irvine, CA, United States

Email

[email protected]

T:+1 949 862 9487

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole Headshot Image of Fragomen [Irvine][Associate][JennaRobinson]

Jenna Robinson

Senior Associate

Irvine, CA, United States

Email

[email protected]

T:+1 949 862 9487

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole Headshot Image of Fragomen [Irvine][Associate][JennaRobinson]

Jenna Robinson

Senior Associate

Irvine, CA, United States

Email

[email protected]

T:+1 949 862 9487

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

American Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations

Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Learn more

Media mentions

Classical Music: The Immigration Hurdles Facing UK Orchestras in Europe

Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Learn more

Awards

Fragomen Recognized at FACC Midwest Chicago Business Awards

Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Learn more

Media mentions

Northern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England

Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

Learn more

Video

Passports & Pitch Side: Footballers on the Move ⚽ Ep. 8 (Part 2) | #FragomenFC

#FragomenFC co-hosts Partner Rick Lamanna, Senior Manager Sergio Flores and Associate Jake Paul Minster are joined by Senior Associate Tuğba Özyakup—and an avid football fan—and Ismaïl Aissati—former professional footballer.

Learn more

Blog post

The UK’s Net Migration Drop Demands a Considered but Speedy Response

UK Government Affairs Strategy Director Shuyeb Muquit discusses the UK's recent drop in net migration and emphasises the need for a considered yet swift response to address the economic and social impacts.

Learn more

Media mentions

Construction Management: Immigration White Paper: What it Means for UK Construction

Manager Kirsty Moore and Trainee Solicitor Christina Azntaridou discuss the UK government's immigration white paper's potential impact on construction hiring.

Learn more

Media mentions

LBC: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Awards

Negocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025

Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Media mentions

American Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations

Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Learn more

Media mentions

Classical Music: The Immigration Hurdles Facing UK Orchestras in Europe

Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Learn more

Awards

Fragomen Recognized at FACC Midwest Chicago Business Awards

Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Learn more

Media mentions

Northern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England

Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

Learn more

Video

Passports & Pitch Side: Footballers on the Move ⚽ Ep. 8 (Part 2) | #FragomenFC

#FragomenFC co-hosts Partner Rick Lamanna, Senior Manager Sergio Flores and Associate Jake Paul Minster are joined by Senior Associate Tuğba Özyakup—and an avid football fan—and Ismaïl Aissati—former professional footballer.

Learn more

Blog post

The UK’s Net Migration Drop Demands a Considered but Speedy Response

UK Government Affairs Strategy Director Shuyeb Muquit discusses the UK's recent drop in net migration and emphasises the need for a considered yet swift response to address the economic and social impacts.

Learn more

Media mentions

Construction Management: Immigration White Paper: What it Means for UK Construction

Manager Kirsty Moore and Trainee Solicitor Christina Azntaridou discuss the UK government's immigration white paper's potential impact on construction hiring.

Learn more

Media mentions

LBC: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Awards

Negocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025

Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.