Self-Sponsored Employment-Based Legal Permanent Residency (2024)

The following information is for researchers at Yale who may qualify for self-sponsored (not Yale sponsored) Legal Permanent Residency (LPR) status based on their academic achievements. Researchers and faculty members interested in what is called employment based LPR (such as Outstanding Professor/ Researcher EB-1 or Labor Certification) may not self-sponsor or use an outside lawyer without prior consent from OISS.

“Self-sponsored” means the application does not need to be approved or prepared by your employer. The Office of International Students and Scholars (OISS) at Yale recommends using a qualified immigration attorney for any self sponsored LPR application. Although not recommended, it is also possible to prepare your own materials, and send the application to the United States Citizenship and Immigration Services (USCIS) completely on your own. Be aware that there are many fraudulent internet sites that advertise help with these applications. Always cross reference with the information found on the USCIS website. Finally even though OISS will not be the LPR sponsor, please inform your adviser in OISS of your plans to apply for a self-sponsored green card since we need to coordinate your current visa status with your LPR application.

There are two self-sponsored LPR categories. Many Yale employees have succeeded with EB-1 Extraordinary Ability, and EB-2 National Interest Waiver (NIW.) categories. Unfortunately OISS staff cannot advise on any aspect of self-sponsored LPR applications. However we invite some of the best immigration attorneys in the field to campus every year to give information sessions about these LPR categories. For more details contact an immigration attorney or attend an information session at OISS and/or review the information on the USCIS website.

EB-2 National Interest Waiver

The most common self-petition category is the NIW. There are several sub-categories of the NIW (e.g. bench research based, physician work in underserved area, etc). Unlike the Yale sponsored EB-1 Outstanding Professor or Researcher, the NIW does not require international recognition, and it can be just national in scope. To qualify for this category you need to prove the national impact of your achievements, that these are in the national interest, that your work is substantially better than the work of your peers and that your field of research has “substantial intrinsic merit.”

EB-1 Extraordinary Ability

Although the Extraordinary Ability category is the highest of the employment based group, it is not always the most difficult. Just like with the Yale sponsored EB-1 Outstanding Professor or Researcher, there is a list of achievement types and you must be able to demonstrate that you meet the standards for three of them.

Self-Sponsored Employment-Based Legal Permanent Residency (2024)

FAQs

Can I sponsor myself for a green card? ›

There are a couple of distinctive categories for self-sponsored green cards, where a foreign individual does not require an employer or family member's sponsorship – these are for victims of criminal activities and for those demonstrating extraordinary abilities.

What is employment based permanent residency? ›

Foreign nationals may be able to obtain an employment-based green card when they have a job offer from certain U.S. based employers or they can prove they have what is called “extraordinary ability” to come to the U.S. and continue developing their craft.

What is the success rate of EB-1 self petition? ›

What is the success rate of EB-1? The overall EB-1 approval rate for Form I-140 Petitions filed with USCIS during Fiscal Year (FY) 2022 was 68.2 percent.

What is the best proof of self-employment? ›

Some ways to prove self-employment income include:
  1. Annual Tax Return (Form 1040) This is the most credible and straightforward way to demonstrate your income over the last year since it's an official legal document recognized by the IRS. ...
  2. 1099 Forms. ...
  3. Bank Statements. ...
  4. Profit/Loss Statements. ...
  5. Self-Employed Pay Stubs.

What is proof of self-employment? ›

Self-employed individuals can prove their income through various other documentation such as invoices, bank statements, profit and loss statements and tax returns.

Is it legal to sponsor yourself? ›

Sponsoring yourself for an employment-based green card in the United States is possible but it comes with certain challenges and limitations. While most employment-based green cards require an employer to sponsor you, there are a few categories where self-sponsorship is an option.

Can I self sponsor myself? ›

As mentioned, technically there is no such thing as self sponsorship. However, you can set-up a company in the UK with the intention that it will trade and use this company to sponsor yourself as part of a Skilled Worker visa.

What is the fastest way to get a green card? ›

Employment-based (EB) visas are one of the fastest and most efficient ways to get a U.S. Green Card. The EB-5 Visa is often the quickest route. EB-5 investors can self-sponsor, meaning they do not require a Labor Certification or proof of employment.

What are the two types of employment-based immigration? ›

These visas are distributed across five preference categories, each with its own set of eligibility requirements. The following are the preference categories: EB-1: Priority Workers. EB-2: Professionals with Advanced Degrees and Individuals with Exceptional Ability.

How long to get green card after I-140 approval? ›

The average processing times for I-140 can range anywhere from 4 months to 14 months. I-140 form that is filed as part of Green Card Process with USCIS has many categories and the processing time depends on that. Also, the processing time varies by service center as the load decides that as well.

Can I apply for EB-1 on my own? ›

EB-1 applicants can self-petition for an Immigrant Visa for Alien Worker, If approved, such immigrant visa petition will result in a green card. To initiate the process, the applicant need to file Form I-140, with the USCIS.

How hard is it to get EB1A? ›

Of all of the green card options, the EB1A is one of the most esteemed and difficult to acquire. Receiving the EB1A Visa indicates that you have risen to the top of your field and have sustained national or international acclaim.

Can I file EB 1b by myself? ›

The EB1B is an immigrant classification, so it allows you to get a green card for yourself, your spouse, and your children under 21 years old. The EB1B petition must be filed by your prospective US employer.

How do I verify employment with USCIS? ›

Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. This includes citizens and noncitizens.

Can self-employment be verified? ›

Acceptable verification includes: A signed contract specifying this. A 1099 (Miscellaneous Income) form issued by the business. A narrated conversation with the employer.

How to write a self-employment letter for immigration? ›

Provide details about your self-employment, such as the name of your business, the nature of your work, and the duration of your self-employment. Explain any relevant accomplishments or projects you have completed as a self-employed individual, highlighting your skills, experience, and expertise.

How do I write a self-employment verification letter? ›

I, [name] attest that from [month/year] to [month/year or present] I have been self employed as the owner of [name of company/organization]. During this time I have worked [number] hours per week as owner of this business and the nature of the business is [short description of the nature of the business].

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