U.S. Visas That Don’t Require an Employer to Sponsor You

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One of the major hurdles to achieving your American Dream through an employment-based route is usually the need to find a U.S. employer who can sponsor (or “petition”) you. But here’s the good news: not all visas require the benevolence of a corporate overlord. Some U.S. visas actually allow either for ‘self-petitioning’, or will permit you to work for yourself. And the Diversity Visa lottery even offers a unique way to simply “win” a green card. None of these routes are easy, but it’s important to be aware of them.

Here’s a short overview of some of the major ways you can get to the U.S. if you don’t currently have an employer to sponsor you.

1. Start Your Own Business

Surprisingly, for a country that prides itself on its entrepreneurial spirit, there is no dedicated ‘startup visa’, ‘innovators’ visa’, or ‘founders’ visa’ in the U.S., partly because immigration is such a thorny political issue and Congress can’t seem to get its act together on the issue. But immigrants are a huge part of the country’s startup ecosystem, responsible for some of the biggest companies and innovations on the planet, and various visa options provide ways to start a business in the U.S. and move there, either temporarily or permanently.

The E-2 treaty investor visa allows entrepreneurs from certain countries, including the UK, to start their own business or buy an existing business, and enter the U.S. to run it. Under the E-2 visa, nationals of certain countries, including the UK, may enter the U.S. to direct and develop a business in which they have invested, or are actively in the process of investing, a substantial amount of capital. This visa is particularly attractive because it can apply to almost any legitimate business—large or small, service or product-based, new ventures or established enterprises. The flexibility of the E-2 visa makes it an excellent option for entrepreneurs from diverse backgrounds and industries.

Other visas like the H-1B visa and the O-1 visa (more below) may also allow entrepreneurs to work for their own business, subject to certain eligibility requirements. Speak to an immigration lawyer if you want to discuss any of these options in more detail.

2. Do Something in the U.S. National Interest

EB-2 National Interest Waiver (NIW)

In recent years, the EB-2 NIW has become an increasingly popular option for those whose work is going to benefit the U.S. significantly, such as in the fields of science, business, or the arts. Unlike many other employment-based green cards, the NIW allows you to self-petition, bypassing the need for a U.S. employer. To qualify, you must demonstrate (among other things) that your work is in the national interest, often shown through evidence of your contributions to your field and the potential impact of your work on the U.S. economy, health, or culture.

3. Be “Extraordinary” In Your Field

There are certain visas (sometimes known, slightly misleadingly, as the Einstein Visa) : the O-1 visa and the EB-1(a).

The O-1 “extraordinary ability” visa is a nonimmigrant visa (i.e. for temporary stays). While you can’t purely “self-petition” for an O-1, you can be sponsored by a U.S. company that you set up and own 100%. The O-1 comprises two categories with slightly different criteria: the O-1A is for those with extraordinary ability in sciences, education, business, or athletics, while the O-1B is for extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

EB-1(a) Extraordinary Ability Green Card: This is an immigrant visa (i.e. for lawful permanent residence) for those who are able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. The EB-1(a) visa does not require a job offer or employer sponsorship; you can self-petition by proving your internationally recognized achievements.

There is significant crossover between the O-1 and EB-1(a) in terms of the criteria, and many O-1 holders to eventually transition to permanent residency through the EB-1(a)—but it is unquestionably a higher bar than the O-1 because the ultimate prize—a green card—is that much greater.

4. Enter the Green Card Lottery

Did you know that the USA hands out thousands of green cards at random every year?

Established as part of the 1990 Immigration and Nationality Act, the Diversity Visa lottery’s purpose is to diversify the population of the U.S. To achieve this goal, every year, 55,000 United States green cards are offered out via a lottery to citizens of countries with historically low rates of immigration to the U.S.

To be eligible for the Diversity Visa, you must be from a country that sent less than 50,000 immigrants to the United States over the past 5 years. Usually, the UK is comfortably above that threshold – in fact, this was the very first time that the U.S. had ever extended the DV lottery to all citizens of the UK (i.e. not just those from Northern Ireland, which has tended to be eligible). We’ll be monitoring the Department of State’s website to see if that changes this coming year.

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