• 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

Fragomen in Irvine, CA, United States

Email

[email protected]

T:+1 949 862 9487

Related offices

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

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

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

Jenna Robinson

Senior Associate

Fragomen in Irvine, CA, United States

Email

[email protected]

T:+1 949 862 9487

Related offices

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

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

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

Jenna Robinson

Senior Associate

Fragomen in Irvine, CA, United States

Email

[email protected]

T:+1 949 862 9487

Related offices

  • Fragomen in Atlanta, GA
  • Fragomen in Boston, MA
  • Fragomen in Chicago, IL
  • Fragomen in Miami, FL
  • Fragomen in Dallas, TX
  • Fragomen in Houston, TX
  • Fragomen in Irvine, CA
  • Fragomen in Los Angeles, CA
  • Fragomen in Matawan, NJ
  • Fragomen in New York, NY
  • Fragomen in Phoenix, AZ
  • Fragomen in San Diego, CA
  • Fragomen in San Francisco, CA
  • Fragomen in San José, Costa Rica
  • Fragomen in Silicon Valley, CA
  • Fragomen in 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

Fragomen in Irvine, CA, United States

Email

[email protected]

T:+1 949 862 9487

Related offices

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

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

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

Jenna Robinson

Senior Associate

Fragomen in Irvine, CA, United States

Email

[email protected]

T:+1 949 862 9487

Related offices

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

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

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

Jenna Robinson

Senior Associate

Fragomen in Irvine, CA, United States

Email

[email protected]

T:+1 949 862 9487

Related offices

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

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn more

Podcast

World Refugee Day 2026

In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.

Learn more

Video

Business Travel to China | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.

Learn more

Media mentions

Michigan Law’s Law Quadrangle: Christopher Wendt, ’98: At the Intersection of Immigration and Health Care Workers

In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.

Learn more

Media mentions

WealthBriefing: The End of the Golden Visa?

Director Isobel Neilson discusses how investment migration programs are evolving amid political scrutiny, regulatory reform and shifting priorities, with governments moving toward pathways that emphasise economic contribution, talent and stronger ties to host countries.

Learn more

Fragomen news

Fragomen Welcomes Christopher Wendt as Counsel

Fragomen welcomes Counsel Christopher Wendt in Minnesota, bringing nearly three decades of immigration law experience, including more than 20 years supporting workforce immigration programs for Mayo Clinic.

Learn more

Media mentions

The ABC: Switzerland is Set to Vote on a Population Cap. Here's Why it's Divided the Nation

Senior Counsel Dr. Anna Boucher discusses Switzerland’s rejected population cap referendum and the role of immigration in supporting workforce and economic stability.

Learn more

Awards

Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite

Fragomen has been featured in the 2026 GML Elite, Global Mobility Lawyer’s inaugural guide to leading global mobility teams, highlighting the firm’s global immigration capabilities, international footprint and work supporting multinational clients.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Die Blaue Karte EU 2026

Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.

Learn more

Media mentions

STV News: What Can Scots Fans Do if Their US Travel Permits Have Been Revoked?

Partner Charlotte Slocombe explained options available to Scotland fans whose US ESTAs have been denied or revoked ahead of the FIFA World Cup.

Learn more

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn more

Podcast

World Refugee Day 2026

In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.

Learn more

Video

Business Travel to China | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.

Learn more

Media mentions

Michigan Law’s Law Quadrangle: Christopher Wendt, ’98: At the Intersection of Immigration and Health Care Workers

In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.

Learn more

Media mentions

WealthBriefing: The End of the Golden Visa?

Director Isobel Neilson discusses how investment migration programs are evolving amid political scrutiny, regulatory reform and shifting priorities, with governments moving toward pathways that emphasise economic contribution, talent and stronger ties to host countries.

Learn more

Fragomen news

Fragomen Welcomes Christopher Wendt as Counsel

Fragomen welcomes Counsel Christopher Wendt in Minnesota, bringing nearly three decades of immigration law experience, including more than 20 years supporting workforce immigration programs for Mayo Clinic.

Learn more

Media mentions

The ABC: Switzerland is Set to Vote on a Population Cap. Here's Why it's Divided the Nation

Senior Counsel Dr. Anna Boucher discusses Switzerland’s rejected population cap referendum and the role of immigration in supporting workforce and economic stability.

Learn more

Awards

Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite

Fragomen has been featured in the 2026 GML Elite, Global Mobility Lawyer’s inaugural guide to leading global mobility teams, highlighting the firm’s global immigration capabilities, international footprint and work supporting multinational clients.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Die Blaue Karte EU 2026

Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.

Learn more

Media mentions

STV News: What Can Scots Fans Do if Their US Travel Permits Have Been Revoked?

Partner Charlotte Slocombe explained options available to Scotland fans whose US ESTAs have been denied or revoked ahead of the FIFA World Cup.

Learn more

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • 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
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

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
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 17, 2026 | United StatesMichigan Law’s Law Quadrangle: Christopher Wendt, ’98: At the Intersection of Immigration and Health Care Workers
June 18, 2026 | IndonesiaIndonesia: Processing Delays Following Ongoing Anti-Corruption Investigations
June 18, 2026 | United KingdomProfessional Engineering: How to Access International Engineering Talent in a Changing Immigration System
June 18, 2026 | BrazilTimes Brasil CNBC: How Technology is Reshaping Identity Verification Systems
June 17, 2026 | IrelandIreland: Stricter Family Sponsorship Requirements
June 17, 2026 | United StatesMichigan Law’s Law Quadrangle: Christopher Wendt, ’98: At the Intersection of Immigration and Health Care Workers
June 18, 2026 | IndonesiaIndonesia: Processing Delays Following Ongoing Anti-Corruption Investigations
June 18, 2026 | United KingdomProfessional Engineering: How to Access International Engineering Talent in a Changing Immigration System
June 18, 2026 | BrazilTimes Brasil CNBC: How Technology is Reshaping Identity Verification Systems
June 17, 2026 | IrelandIreland: Stricter Family Sponsorship Requirements
June 17, 2026 | United StatesMichigan Law’s Law Quadrangle: Christopher Wendt, ’98: At the Intersection of Immigration and Health Care Workers
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.