How to Immigrate to the US WITHOUT Sponsorship or a Job Offer

Traditionally, for you to immigrate to the United States need you to either get a DV lottery Green Card, marry a US citizen, get an employer to sponsor you, or get a job offer. There is however a little known way to immigrate to the US without a job offer or employer sponsorship.

Welcome the EB-1a visa.

You can apply for US permanent residence under the EB-1A, “alien of extraordinary ability” category. No offer of employment or labor certification is required to apply for the EB-1a US visa.

EB-1A US visa: Alien of Extraordinary Ability

An Alien of Extraordinary Ability, or EB-1A, US visa category applies to aliens who have distinguished themselves professionally in their fields of work or study.

Emphasis for the EB-1A green card is placed on the applicants’ personal achievements in their fields, which serve to demonstrate their stature at the top of their line of work.

Who Qualifies?

According to the the U.S. Citizens and Immigration Services website, to be eligible for a EB-1a US visa, aliens residing in the U.S. or abroad are eligible to apply for this designation, provided they meet two general qualifications stipulated by (USCIS):

• They are able to demonstrate “extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim,” and
• This extraordinary ability is well-supported through “extensive documentation.”

You must however prove your eligibility by:

1. showing that you will be continuing to work in the area of your expertise. To this end, they strive to show that their work is of substantial and prospective “national interest of the United States”  to a substantially greater degree than an available U.S. worker with the same minimum qualifications, as well as,
2. providing evidence of a one-time achievement (such as, Nobel Peace Prize, Pulitzer, Oscar, Olympic Medal)

In the absence of such a rare honor, however, applicants can still demonstrate their extraordinary abilities, supported by extensive documentation, by meeting at least 3 of the following 10 criteria:

Criteria for Demonstrating Extraordinary Ability for EB-1A US Visa

In order to demonstrate you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence e.g.
   • All Africa National Games
   • Asian Games
   • ‘Head of State Commendation’ (HSC) for exemplary contributions to art, culture and community socio-economic development initiatives
   • Makerere University: Award for Sculpture
   • Orders, decorations, and medals of Kenya awarded by the President of Kenya “in recognition of outstanding or distinguished services rendered to the nation in various capacities and responsibilities” e.g.
     • The Order of the Golden Heart of Kenya
     • Uhodari Medal
     • The Order of the Burning Spear
     • The Order of the Grand Warrior of Kenya
     • The Distinguished Conduct Order
     • The Distinguished Service Medal
     • The Silver Star of Kenya
     • Uzalendo Award
     • Head of State’s Commendation (H.S.C.)
2. Evidence of your membership in associations in the field which demand outstanding achievement of their members e.g. an Engineer in Kenya considered one of the top engineers in her field whose accomplishments have garnered national recognition, including awards in technical excellence from the The Institution of Engineers of Kenya (IEK).
3. Evidence of published material about you in professional or major trade publications or other major media. If you have had your papers published or discussed by the most prestigious organizations in the field, this makes you unique.
4. Evidence that you have been asked to judge the work of others, either individually or on a panel
5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field. e.g.
   • Filed patents
   • if you possess extraordinary ability as a jeweler and artist. Get strong letters of recommendation from experts in your field from both leading artists who have worked with you and those who know of you through your outstanding contributions to the field.
   • If you are vice president of a publicly traded real estate company, a top-notch real estate marketing businesswoman you can capitalize on your unique management skills, knowledge and background that serve US national interest; that you will serve the national interest to a substantially greater degree than your similarly trained peers; and, that your continued participation in the real estate field is necessary.
6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
7. Evidence that your work has been displayed at artistic exhibitions or showcases
   • – Goethe Institute, UN Offices, ‘WILL’ Exhibition in Hong Kong Visual Arts Centre, Hong Kong, Travelling exhibitions in New York, Dallas, New Hampshire, and Massachusetts, USA, Opera House, Cairo, Egypt
   • Major Art Pieces in high profile buildings – US Embassy, World Sculpture Park, Chang Chun City, Rosenberg Museum, Coca-Cola Olympics Museum, Atlanta, Georgia, USA, Caltex Oil offices, UNESCO, Paris
8. Evidence of your performance of a leading or critical role in distinguished organizations
   • e.g. President of the newly formed Pan-African Association of Visual Arts (PAVA)
9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
10. Evidence of your commercial successes in the performing arts
    • e.g. if you are a world-renowned, leading actor, compile documentation of some of your awards and prizes as a result of your excellent work, media reports on your work, and you play screening at major venues and festivals.
    •  Get letters of recommendation from both leading actors who had worked with you and those who know of you through your outstanding contributions to the field of performing arts.

EB-1a US visa Application Process

Because there is no job offer or employer sponsorship required, aliens may petition for this visa themselves by filing a Form I-140, Petition for Alien Worker.

For more information on filing fees, see File My Application Online

As at the writing of this article, the filling fee was $700.

Family of EB-1 Visa Holders

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.