Self-petitioning for a U.S. green card is a pathway available to certain categories of individuals who meet specific eligibility criteria. Here are the primary ways to self-petition:

Employment-Based Extraordinary Ability (EB-1A):

• This category is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
• Applicants must demonstrate extraordinary ability by providing evidence of a one-time achievement (like a major internationally recognized award) or meet at least three of ten criteria set by USCIS (such as published materials, original contributions, exhibitions or showcases, leading or critical roles in distinguished organizations, etc.).

National Interest Waiver (NIW) under (EB-2):

• This is for professionals with advanced degrees or exceptional ability in the sciences, arts, or business.
• Applicants must demonstrate that their employment in the U.S. would greatly benefit the nation. Unlike other EB-2 applications, NIW petitions do not require a labor certification, or a job offer from a U.S. employer.

Special Immigrants (EB-4):

• Certain ‘Special Immigrants' can self-petition, including religious workers, employees of U.S. foreign service posts, retired employees of international organizations, and others as defined by immigration law.

Violence Against Women Act (VAWA):

• VAWA allows certain spouses (including same-sex spouses), children, and parents of U.S. citizens, and certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves, without the abuser's knowledge. This allows victims to seek both safety and independence.

Investors (EB-5):

• This category is for investors who are investing a significant amount of capital (typically $1050000 million or $800,000 in a targeted employment area or through Regional Center investment) in a new commercial enterprise in the U.S. that will create at least 10 full-time jobs for U.S. workers.

Each of these categories has specific criteria and documentation requirements. It's crucial to thoroughly understand these requirements and provide substantial evidence to support your eligibility. Consulting with an experienced immigration attorney is highly recommended to navigate the complex process of self-petitioning for a U.S. green card.

We hope you find this information valuable. If you have any questions or require legal assistance related to any of these updates, please don't hesitate to contact us. We are here to help.