You may self petition for a green card if you qualify under either of the following categories:
- You are a Person of Extraordinary Ability in the arts, education, business, science or athletics. (EB-1)
- You are eligible for National Interest Waiver (EB-2)
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Self Petition for a Person of Extraordinary Ability (EB-1a)
Your I-140 visa petition must show that:
- You belong to that “small percentage” of persons who have “risen to the very top of their field of endeavor”.
- You receive a major internationally recognized award, such as a Nobel Prize; or
- You have met at least 3 of 10 criteria required by the USCIS.
Self Petition for a National Interest Waiver (NIW) (EB-2)
Your I-140 visa petition must demonstrate that you meet the following requirements:
- Your proposed endeavor has both substantial merit and national importance;
- You are well positioned to advance the proposed endeavor; and
- On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.
Self Petition for a National Interest Waiver (NIW) for a Physician (EB-2)
Your I-140 visa petition must show that:
- You have a job offer in a medically-underserved area (MUA, MUP, HPSA or PSA) or for the Veterans Administration for a minimum of 5 years;
- You must obtain a statement (“attestation”) from a federal agency or a state department of health that has knowledge of your qualifications as a physician and that states your work is in the public interest; and
- You must have a license to practice medicine in the state of intended employment.
If your priority date is current when you submit your I-140 visa petition, we recommend that you file your I-485 application for adjustment of status packet simultaneously. This will allow you to obtain an EAD and an Advance Parole travel permit.
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Carl Shusterman
Immigration Attorney Carl Shusterman has 40+ years of experience. He served as an attorney for the U.S. Immigration and Naturalization Service (INS) from 1976 until 1982, when he entered private practice. He has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in SuperLawyers Magazine. Today, he serves as Of Counsel to JR Immigration Law Firm.