The United States Still remains to be the dream destination for many highly skilled professionals and entrepreneurs even causing many of them to legally emigrate to it. However, employer sponsorship is mandatory for most of the US work visas and this is what becomes a big obstacle if you are unemployed. The good news is the US government has brought a provision under which a foreigner- EB-2 and EB-1A exceptional people can also choose to self-petition for a US work visa without needing an employer to sponsor them. We will talk about these visa options with their eligibility criteria and in the meantime, Visas Abroad Services LLP, which is known as India’s best immigration consultancy, will be there to assist you during the course.
Why Choose the EB-2 NIW or EB-1A Visa?
- No Job Offer Required: Both visas allow you to self-petition without employer sponsorship.
- Permanent Residency: Successful applicants receive a Green Card, allowing them to live and work permanently in the US.
- Family Benefits: Your spouse and children under 21 can also apply for permanent residency.
EB-2 National Interest Waiver (NIW)
Eligibility Criteria
To qualify for the EB-2 NIW, you must meet one of the following:
- Hold an advanced degree (master’s or higher) or a bachelor’s degree with at least five years of progressive work experience.
- Demonstrate exceptional ability in the sciences, arts, or business by meeting at least three of the following criteria:
- Academic records proving a relevant degree or certification.
- A license or certification to practice in your field.
- Letters from employers documenting at least 10 years of experience.
- Membership in professional organizations.
- Proof of recognition for achievements from peers, government agencies, or professional organizations.
- Evidence of a high salary or compensation demonstrating exceptional ability.
Additional Requirements
- Your work must have substantial merit and national importance.
- You must be well-positioned to advance your proposed endeavor.
- It must be beneficial for the US to waive the job offer and labor certification requirement.
Benefits
- Green Card: Permanent residency for you and your family.
- No Employer Sponsorship: You can self-petition without a job offer.
EB-1A Extraordinary Ability Visa
Eligibility Criteria
The EB-1A visa has been created for people with extraordinary abilities in areas such as the arts, sciences, education, business, or athletics. To be eligible, you need to satisfy at least three of these requirements:
- Receipt of major internationally recognized awards (e.g., Nobel Prize, Oscar).
- Membership in associations requiring outstanding achievements.
- Published material about you in professional or major trade publications.
- Evidence of original contributions of major significance in your field.
- High salary or compensation compared to others in your field.
- Evidence of judging the work of others in your field.
Benefits
- Green Card: Permanent residency for you and your family.
- No Job Offer Required: You can self-petition without employer sponsorship.
- Faster Processing: EB-1A applications are prioritized, leading to quicker approvals.
Comparison Table: EB-2 NIW vs. EB-1A Visa
| Feature | EB-2 NIW | EB-1A Visa |
|---|---|---|
| Job Offer Required | No | No |
| Eligibility Threshold | Advanced degree or exceptional ability | Extraordinary ability |
| Processing Time | 12-18 months | 6-12 months (premium processing available) |
| Family Benefits | Spouse and children under 21 | Spouse and children under 21 |
How to Apply for the EB-2 NIW or EB-1A Visa
Step-by-Step Process
- Determine Eligibility: Assess whether you meet the criteria for the EB-2 NIW or EB-1A visa.
- Gather Documents: Prepare all required documents, including academic records, proof of achievements, and letters of recommendation.
- File Form I-140: Submit the Immigrant Petition for Alien Worker to USCIS.
- Wait for Approval: Processing times vary (6-18 months).
- Apply for Adjustment of Status: Once approved, apply for a Green Card.
Documents Checklist
- Academic transcripts and degrees.
- Proof of exceptional ability (awards, publications, etc.).
- Letters of recommendation.
- Evidence of work experience.
- Proof of national importance (for EB-2 NIW).
Fees
- Form I-140 Filing Fee: $700.
- Premium Processing (EB-1A): $2,500 (optional).
- Green Card Application Fee: $1,225.
How Visas Abroad Services LLP Can Help
Visas Abroad Services LLP, located in Gaur City Mall, Noida, is India’s leading immigration consultancy. They offer:
- Eligibility Assessment: Determine if you qualify for the EB-2 NIW or EB-1A visa.
- Document Preparation: Ensure all documents meet USCIS requirements.
- Application Submission: Handle the entire process on your behalf.
- Follow-ups: Track your application status and respond to USCIS queries.
FAQs
1. Can I apply for a US work visa without a job offer?
Yes, the EB-2 NIW and EB-1A visas allow you to self-petition without employer sponsorship.
2. What is the difference between EB-2 NIW and EB-1A?
The EB-2 NIW requires an advanced degree or exceptional ability, while the EB-1A is for individuals with extraordinary achievements.
3. How long does it take to process these visas?
EB-2 NIW takes 12-18 months, while EB-1A takes 6-12 months (with premium processing).
4. Can my family come with me?
Yes, your spouse and children under 21 can apply for permanent residency with you.
5. How can Visas Abroad Services LLP help?
They provide end-to-end support, from eligibility assessment to Green Card application.
Through proper mentoring and groundwork, your dream of living and working in the US without a job offer can turn into a reality. Visas Abroad Services LLP is a company that can help you go through the entire process easily!
