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Do I have to have an Employment Offer for the Eb-1A green card? Can I file a self-petition for the EB-1A green card? What documents should I submit if I file a self-petition?

By May 15, 2020April 9th, 2021Immigration
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To qualify for the EB-1A Green Card, you will need to prove that you are one of the small percentage of people who have risen to the very top of your field. To prove that you qualify for the Eb-1A green card, you will have to submit evidence showing that you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise.

Can I file a self-petition?

Yes. Generally, you do not need an Employment offer and you do not need a U.S. employer to sponsor you for the Eb-1A green card.

When filing a self-petition, you will have to submit evidence showing that you are coming to the U.S. to continue work in your area of expertise. For example, if the extraordinary ability is in the field of architecture, you will have to submit evidence showing that you are coming to the U.S. to continue working in this field.

What kind of evidence should I submit to show that I will continue working in my area of expertise?

You should submit evidence such as letters from prospective employers, evidence of prearranged contracts (e.g. in case you will be working for multiple companies as an independent contractor), or your statement describing plans on how you intend to continue work in your field of expertise in the U.S.

What documents should be submitted if my employer is sponsoring me?

You should submit your Employment Agreement describing your role in the company, current salary, dates of employment etc.

My employer submitted the EB-1A petition and the petition was approved. Before my Adjustment Application is approved, I switched employers. Will my green card application be approved?

Yes, the I-140 green card petition remains valid, but at the time of your visa interview, you should bring new documents showing that you plan to continue working in your area of expertise.

Please read our blog post about EB-1A Green card when you click here and here.

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