How to Self-Petition for an EB-1A Visa Without an Employer

An EB-1A self-petition lets you apply for a green card without needing a job offer, company sponsor, or employer letter. You stand on your own merit—and if your track record proves you’re at the top of your field, that’s enough.

This is possible through the EB-1A visa category, a green card category reserved for individuals with extraordinary ability. Think researchers, artists, athletes, entrepreneurs, or tech leaders operating at the top of their game. If you can prove you’re among the best in your field, the U.S. government might just agree—opening the door to permanent residency, work flexibility, and the freedom to pursue your career in the U.S. without restrictions.

Who Can Self-Petition for an EB-1A Green Card?

The EB-1A isn’t for everyone, but it’s more within reach than you might think. United States Citizenship and Immigration Services (USCIS) is looking for evidence that you’ve done something exceptional in your field and reached critical success. There are two ways to prove your eligibility:

1. You’ve won a major, internationally recognized award (think: Nobel Prize, Pulitzer, Olympic medal).
2. You meet at least three of the ten criteria set by USCIS. These include original contributions to your field, published work about you, top-tier awards, leading critical projects, judging others’ work, or commanding a high salary.

If you’re not sure whether you qualify, that’s normal. A good immigration lawyer can review your credentials and let you know if they meet the requirements or where you need to strengthen your case.

How to File an EB-1A Petition Without an Employer

Here’s the beauty of the EB-1A—you don’t need a job offer, a company sponsor, or anyone else’s permission to apply. You are the petitioner and you file on your own behalf, so you’re not waiting on anyone else to move your future forward.

The process starts with Form I-140, the petition for an immigrant worker. You submit it in your name, not tied to any employer. It may just be a form on paper, but this is the heart of your case and it needs to be rock solid.

Here’s what a strong self-petition includes:

• A strategy-first approach. Before you touch a form, you need to know exactly which three (or more) EB-1A criteria you’re using—and have a plan to prove them.
• An evidence portfolio that hits hard. Think press coverage, awards, expert letters, speaking gigs, high-impact work. Every piece must tell the story of how you’re operating at the top of your field.
• A compelling cover letter. This is your story. A well-crafted cover letter ties your evidence directly to the legal criteria and grabs the attention of the officer reviewing your case.
• Optional: Premium Processing. If you want to make a decision quickly, the extra fee will cut your wait time by months. It’s worth it for most.

Through your EB1-A application process, you’re showing why your work matters, why it pushes your field forward, and why it belongs here in the U.S.

Timeline for EB-1A Self-Petition

Without premium processing, you could wait six to nine months—or even longer, depending on USCIS processing times—just to hear back on your I-140. If you add EB-1 premium processing, you’ll get a response from USCIS in 15 business days.

After that, if you’re in the U.S. and your priority date is current, you can file Form I-485 to adjust your status. If you’re outside the U.S., you’ll go through consular processing.

Altogether, expect nine to 15 months, depending on your location and how clean your case is.

Costs of an EB-1A Self-Petition

Getting a green card through the EB-1A visa is an investment in your future. Here’s what you’re looking at:

• I-140 filing fee: $715
• Asylum Program Fee (mandatory fee added to I-140 filings): $300
• Premium processing (optional): $2,805
• I-485 filing fee (if adjusting status in the U.S.): ~$1,440 (varies by age)
• Medical exam, biometrics, etc.: $200 to $500
• Attorney fees: $5,000 to $12,000, depending on who you hire and what level of support you need.

While it might be tempting to cut costs, doing so can lead to delays or denials that are far more expensive in the long run. Preparing a strong, well-documented petition upfront gives you the best chance of success and helps avoid unnecessary setbacks later.

Including Your Family in Your Self-Petitioned EB-1A Green Card Application

Your EB-1A petition isn’t just limited to you—your immediate family can seek permanent residency alongside you. If your petition is approved, your spouse and unmarried children under 21 can apply for green cards as your dependents under the E-14 (spouse) and E-15 (child) immigrant categories.

They won’t need to meet the same extraordinary ability criteria, but they will need to file separate applications either through Form I-485 (if applying from within the U.S.) or through consular processing abroad. Their green card status will be tied to yours, and they’ll receive the same permanent residency rights.

This means your family can live, work, and study in the U.S. without needing their own employer sponsorship. 

Common Pitfalls to Avoid When Self-Petitioning for an EB1-A Visa

Even highly qualified applicants get denied if their application doesn’t clearly connect the dots, misses key criteria, or fails to present their achievements in the way USCIS expects. It’s not always about merit—it’s often about execution.

The EB-1A petition isn’t just about what you’ve done, it’s about how clearly and convincingly you present it to USCIS. Here are some of the most common mistakes we see when applicants self-petition and how to avoid them:

• Weak or disorganized evidence: Submitting a laundry list of documents without context or explanation will tank your case. Every piece needs to be clearly labeled, well-organized, and directly tied to a specific EB-1A criterion. USCIS officers won’t guess why something matters, so you have to spell it out.
• Trying too hard to impress: You may have an impressive track record, but your petition shouldn’t just talk about your success, it should prove it. A successful petition is confident but grounded, focused on real-world impact and supported by hard evidence,  not hype.
• Weak recommendation letters: A generic or redundant recommendation letter is worse than none. Your letters must be specific, impressive, and aligned with your evidence. They should come from respected experts, ideally including at least one independent recommender, and speak directly to your contributions and their significance.
• Choosing the wrong criteria: Meeting at least three out of ten EB-1A criteria is required, but picking the wrong ones or misinterpreting their demands is a common mistake. Each criterion has specific legal language and expectations. Select the ones where your evidence is strongest, and make sure your documentation actually shows you meet what USCIS is looking for.
• No clear strategy: Too many applicants treat the EB-1A like a paperwork exercise instead of what it really is—a legal argument. Without a clear narrative, organized evidence, and a petition that tells a cohesive story, even top-tier candidates can be denied.

Should You Work With a Lawyer for EB-1A?

Can you do it alone? Sure. Should you? Probably not.

Immigration law is complicated — The EB-1A offers a straight shot to a green card, but it’s not a small lift. Between government filing fees, documentation, and legal support, most applicants invest several thousand dollars in the process. 

The benefit of working with a solid EB1 visa lawyer? Permanent residency, career freedom, and long-term stability in the U.S. A sharp immigration lawyer will:

• Evaluate your odds
• Build a strategy tailored to your strengths
• Curate your evidence with surgical precision
• Tell a clear, compelling story

At Manifest Law, we don’t just package your petition—we position you for approval. We’ve worked with scientists, founders, researchers, and executives to craft winning petitions while offering a personalized legal strategy and flat-fee pricing. No guesswork, and no hidden costs.

👉 Ready to move forward? Book a consultation. We’ll walk you through the requirements, the process, and what success looks like for your case.

Frequently Asked Questions

How hard is it to qualify for EB-1A?

The EB-1A has a high bar, but it’s not out of reach. You don’t need a Nobel Prize—though that helps. You either need a major international award or must meet at least three of ten specific criteria (like awards, press, publications, critical work, etc.). If your accomplishments have had real impact in your field, you may be closer than you think.

Does EB-1A require a job offer?

No. One of the biggest advantages of the EB-1A is that it doesn’t require a job offer or employer sponsorship. It’s one of the few green card categories where you can apply entirely on your own.

Can my family come with me on an EB-1A self-petition?

Yes. If your EB-1A petition is approved, your spouse and unmarried children under 21 can apply for green cards as your dependents. They don’t need to meet the extraordinary ability criteria themselves, but they’ll need to file separate applications tied to your petition.

Can an EB-1 self-petition lead to U.S. citizenship?

Yes. If your EB-1A self-petition is approved and you receive a green card, you may apply for U.S. citizenship after meeting the residency and other naturalization requirements.

Do I need an immigration attorney for an EB-1 self-petition?

While you’re not required to hire an immigration attorney, working with one can improve your chances of success. Getting legal advice from an experienced immigration attorney can help present your qualifications clearly and avoid common EB1 application pitfalls.

Can you self-petition for the EB-1B or the EB-1C?

Only the EB-1A allows for self-petition. The EB-1B (for outstanding professors and researchers) and EB-1C (for multinational managers and executives) require an employer to sponsor and file the petition on your behalf.

Can you self-petition for the EB-2 NIW?

Yes. The EB-2 National Interest Waiver (NIW) allows you to self-petition for a green card without needing a job offer or employer sponsorship. Unlike the regular EB-2 category, which typically requires a labor certification and a sponsoring employer, the NIW lets you apply on your own if you can prove that your work benefits the national interest of the United States.