How to Self Petition for an Employment-Based Green Card
Did you know you can qualify for a U.S. green card based on your professional achievements without an employer sponsor? Two of the most flexible employment-based options that allow individuals to self-petition are the EB-1A and the EB-2 NIW. Both can lead to permanent residency if you can provide strong evidence of the impact of your professional achievements. Thousands of professionals each year achieve permanent residency with one of these categories, including engineers, researchers, healthcare workers, educators, product leaders, and entrepreneurs.
This guide walks you through how to choose the best category for your experience, the types of evidence you’ll need, and the forms you’ll need to complete.
Please note that we refer to permanent residency using the conversational term “green card.” Our blog posts are meant to share general information, not legal advice.
Step 1: Choose a Category
The EB-1A is for professionals who can demonstrate extraordinary ability in their field. You do not need to be famous or have a Nobel Prize, but you need proof that your work stands out and that experts recognize your impact. The EB-1A often fits founders, researchers, engineers, or executives with strong achievements.
The EB-2 National Interest Waiver (NIW) is for professionals with advanced degrees or whose work benefits the United States. It is an option in a range of fields, including software, AI, research, medicine, public health, engineering, cybersecurity, renewable energy, or almost any domain where you can meet the eligibility criteria.
For a detailed comparison of how these categories differ and the eligibility criteria, review our guide on EB-1A vs. EB-2 NIW.
Step 2: Collect Evidence
USCIS needs proof that your work has a real impact. The bulk of the application process is gathering evidence that you meet the eligibility requirements. Common types of evidence include:
- Publications, citations, or conference presentations
- Patents or patent applications
- Product screenshots, technical documentation, or launch reports
- Customer adoption, user metrics, or deployment statistics
- Revenue, performance outcomes, or market impact
- Grants, public funding, or venture investment
- International or national awards
- Press or media articles that highlight your work
Your evidence package will look different depending on your role. Here are two quick examples:
Software engineers
- Screenshots of features you built or led
- User adoption, uptime, or performance metrics
- Membership in selective engineering organizations
- Press about major feature launches
Founders
- Pitch decks, investor updates, or traction reports
- Funding announcements and terms
- Customer, revenue, or headcount growth
- Letters from investors or advisors with strong track records
- Patents or proprietary technology
Step 3: Request Expert Opinion Letters
Expert opinion letters are a critical part of the evidence for your petition. These endorsements come from respected professionals who can objectively explain the significance of your work. Strong letters validate your achievements, provide context, and help a USCIS adjudicator who may not be familiar with your industry.
When choosing who to ask, select people who understand your work, have recognized expertise or leadership in the industry, and are not close colleagues, supervisors, or frequent co-authors.
A persuasive expert opinion letter:
- States who the expert is and why they are qualified to evaluate your work
- Explains how they know your work (not just that they know you personally)
- Describes specific achievements or innovations with measurable results when possible
- Connects each example to the relevant USCIS criteria
Avoid letters that are vague, overly personal, or focused only on your character.
Step 4: Organize and Label Your Evidence
All of your evidence will live inside the final petition, so collect and clearly label every document. A USCIS adjudicator should be able to understand each exhibit without digging for context. If you’re using a platform like Porttus, you can organize your materials in a user-friendly portal and automatically generate the petition in the format USCIS requires.
Step 5: Complete Form I-140
Form I-140 is a critical step in the application process. Your filing includes the form, all of your supporting evidence, and your expert opinion letters. Along with the petition, you’ll pay a filing fee. You can file with regular processing or request premium processing for a faster decision. Premium processing is available for an additional fee and guarantees a decision within 15 calendar days for the EB-1A and 45 calendar days for the EB-2 NIW. Filing fees change regularly, so check the USCIS Filing Fees page for the most up-to-date information.
After filing, USCIS will send you Form I-797C, a receipt notice confirming that they’ve received your petition. You can check your case status online using the receipt number.
Step 6: Respond to a Request for Evidence (if needed)
USCIS may send a Request for Evidence (RFE) if they need more information. An RFE does not mean your case will be denied, and it is more common than many applicants realize. Carefully review what USCIS is requesting, provide the additional documentation, and include a cover letter that explains how the new evidence satisfies the request.
Step 7: File for Permanent Residency
An I-140 approval is a major milestone, but it does not by itself grant permanent residency. To obtain the green card after receiving an I-140 approval, you must complete the final step:
- If you are in the United States, file Form I-485 (Adjustment of Status).
- If you are outside the United States, go through consular processing at a U.S. Embassy or Consulate.
You also need a visa number to move forward. Some applicants can file the I-140 and I-485 at the same time (concurrent filing) if a visa number is immediately available. Check monthly visa availability in the State Department’s Visa Bulletin to understand timing for your category and country of chargeability.
Could the EB-1A or EB-2 NIW Work for You?
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