In most cases, an employer must sponsor a foreign national who wishes to obtain a visa based on employment in the United States. However, there are a few visas that allow the foreign national to “self-petition” – that is, the application does not need to be approved or prepared by an employer.
Entrepreneurs and other individuals who may benefit from a non-employer sponsored or self-petition employment visa do have options. These types of visas include:
Investor Visas.
There are a few different types of investor visas, including E-1: Treaty Trader, E-2: Treaty Investor and EB-5 Immigrant Investor visas.
Extraordinary Ability (EB-1)
The EB-1 visa is for a noncitizens of extraordinary ability, outstanding professors or researchers, or a certain multinational executives or managers. Each occupational category has certain requirements that must be met.
National Interest Waiver (EB-2).
The National Interest Waiver is available for people who qualify for the EB-2 visa. Since 1990, the Immigration and Nationality Act (INA) has provided that a person of exceptional ability may obtain a waiver of the job offer requirement if USCIS deems such waiver to be in the “national interest.”
There are many benefits to self-petitioning, including the ability to change jobs under the visa, the simplification of the application process, and the ability to own your own business. You will also be able to skip the PERM process, which can take several months to complete.
If you think you may qualify for a self-petition visa or if you are interested in discussing your immigration options in general, contact the employment immigration attorneys at the Scott Law Firm today!