US Introduces Self-Petition Green Card Pathway for EB-1 Visa

The US Citizenship and Immigration Services has announced a new Green Card pathway that enables qualifying individuals to apply independently without needing a job offer or employer sponsorship. This pathway falls under the EB-1 first-preference visa category, which includes three subcategories: individuals of extraordinary ability, outstanding professors and researchers, and certain multinational managers or executives.

Notably, only the Extraordinary Ability category allows for self-petitioning, where applicants can file a Form I-140, Petition for Alien Worker, in their own name. The other two subcategories require employer involvement; outstanding professors and researchers need an employer to file the Form I-140 and demonstrate the ability to pay the offered wage, while multinational managers and executives must have their prospective US employer file the petition.

Importantly, none of the EB-1 subcategories require labor certification, differentiating them from many other employment-based Green Card options. Approved I-140 petition holders can also have their spouse and unmarried children under 21 seek admission to the US under E-14 or E-15 immigrant status.