A green card without an employer sponsor

When your green card depends on an employer, your plans depend on them too. A layoff, a new manager or a slow HR team can stall the process. The paths below put more of it in your hands. There are four main ones: EB-1A, EB-2 NIW, family sponsorship and EB-5 investment. Each has its own bar, cost and wait.

Path 1: EB-1A, for people at the top of their field

EB-1A is for extraordinary ability in the sciences, arts, education, business or athletics. You need evidence of a one-time achievement, meaning a major, internationally recognized award, or evidence meeting at least 3 of 10 criteria, such as judging others' work, press about you, scholarly articles or a leading or critical role. (8 CFR 204.5(h)(3))

You do not need a job offer or a labor certification, and you can file for yourself. You do need to show you will keep working in your field in the US:

"Neither an offer for employment in the United States nor a labor certification is required for this classification; however, the petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States." 8 CFR 204.5(h)(5)

Meeting 3 criteria is not enough by itself. USCIS then makes a final merits determination, looking at all the evidence together to decide whether you are one of the small percentage at the very top of your field. (USCIS Policy Manual, EB-1A) Our guide to the EB-1A final merits determination explains that step.

The partner firm's flat legal fee starts at $8,995, quoted before you sign. See the EB-1A page.

Path 2: EB-2 NIW, for important work you are ready to do

The National Interest Waiver lets you skip the job offer and the labor certification. But first you must qualify for EB-2. That means an advanced degree (a US degree above a bachelor's, or a foreign equivalent), a bachelor's degree followed by at least 5 years of progressive experience in your specialty, or exceptional ability in the sciences, arts or business. (8 CFR 204.5(k)(2))

Then you must meet a three-part test. USCIS sets it out this way:

"The alien’s proposed endeavor has both substantial merit and national importance; The alien is well positioned to advance the proposed endeavor; and On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements." USCIS Policy Manual, Volume 6, Part F, Chapter 5

Because an NIW needs no job offer, you can file as a self-petitioner. (USCIS Policy Manual, NIW) Our guide to the three NIW prongs covers each test.

For founders, USCIS warns that general claims about entrepreneurs creating jobs or helping the economy are not enough on their own. Evidence such as investment from US investors, revenue growth or jobs created in the US can help. See NIW for STEM professionals and entrepreneurs.

The partner firm's flat legal fee starts at $7,995, quoted before you sign. See the EB-2 NIW page.

What do EB-1A and NIW cost in government fees?

As of September 2026, these are the USCIS fees for a self-petitioner:

(USCIS fee schedule G-1055)

With premium processing, USCIS takes action within 15 business days for EB-1A and 45 business days for NIW. (USCIS premium processing) The I-485 fee shown is the general fee; a child under 14 filing with a parent pays less. You can file the I-485 once your priority date is current on the chart USCIS tells you to use that month. For employment-based cases in September 2026, that is the Final Action Dates chart. (USCIS, adjustment of status filing charts) If you are abroad, you finish through consular processing instead.

How long is the wait for a visa number?

No employer does not mean no line. Employment-based green cards have a yearly limit, 186,317 for fiscal year 2026, and a per-country limit of 7% of the combined family and employment-based limits. (Visa Bulletin for September 2026)

Your place in line is your priority date. For EB-1A and NIW, it is the date the completed, signed petition, with all initial evidence and the correct fee, is properly filed with USCIS. (8 CFR 204.5(d))

In the September 2026 Visa Bulletin, EB-1 and EB-2 are current for everyone except people born in mainland China or India. On the Final Action Dates chart, EB-1 China is at July 1, 2023, EB-1 India at October 15, 2022, and EB-2 China at September 1, 2021. EB-2 India is unavailable this month. (Visa Bulletin for September 2026)

Dates change every month and can move backward. The September bulletin itself warns that EB-1 India could become unavailable, and that EB-2 could retrogress or become unavailable, before the fiscal year ends on September 30. Check the October 2026 bulletin once it is out. See our Visa Bulletin page and our guide to EB-1 priority dates and retrogression.

Path 3: family

If you are the spouse of a US citizen, the unmarried child under 21 of a US citizen, or the parent of a US citizen who is 21 or older, you are an immediate relative. USCIS says "A visa is always available for immediate relatives," so there is no wait for a visa number. (USCIS, immediate relatives)

Other family categories do wait in line. They cover adult sons and daughters of US citizens; spouses, children and unmarried adult sons and daughters of green card holders; and brothers and sisters of US citizens who are 21 or older. (USCIS, family preference) The Form I-130 petition fee is $675 on paper or $625 online. (USCIS fee schedule G-1055)

One condition to know: if your green card is based on a marriage that was less than two years old on the day you got permanent residence, your residence is conditional for two years. You file Form I-751 in the 90 days before your card expires to remove the conditions. (USCIS, removing conditions based on marriage; USCIS, conditional permanent residence) See our marriage green card page.

Path 4: EB-5, investing in a US business

EB-5 is for people who invest in a new commercial enterprise in the US that will create full-time positions for at least 10 qualifying employees. The capital must be lawfully obtained and placed at risk to generate a return. Capital invested with a guaranteed rate of return does not count. (USCIS, About the EB-5 Visa Classification; 8 CFR 204.6(j))

For petitions filed on or after March 15, 2022, the minimum is $1,050,000, or $800,000 in a targeted employment area or an infrastructure project. These amounts adjust for inflation every five years, starting with petitions filed on or after January 1, 2027. (USCIS, About the EB-5 Visa Classification)

The Form I-526 or I-526E fee is $3,675. Regional center investors filing an initial I-526E also pay a separate $1,000 fee. (USCIS fee schedule G-1055)

The first green card is conditional for two years. You file Form I-829 in the 90 days before it expires to remove the conditions. (USCIS, Form I-829) In the September 2026 bulletin, the EB-5 set-aside categories (rural, high unemployment and infrastructure) are current for all listed countries. Unreserved EB-5 has a final action date of December 1, 2016 for mainland China and is unavailable for India this month.

This is a real investment of your money, not a fee. Get independent financial and legal advice first. The partner firm's flat legal fee starts at $30,000, quoted before you sign. See the EB-5 page.

Which path fits you?

A quick way to compare them, using the September 2026 Visa Bulletin for the waits:

Not sure yet? Many people check EB-1A and NIW side by side, since much of the evidence overlaps. If your H-1B registration was not selected, see what you can still do after the H-1B lottery.

Where to start

For EB-1A and NIW, the free evaluation shows where you stand criterion by criterion. Upload your resume. No account or card. If you have gaps, Frank, your extraordinary ability partner, finds real opportunities sorted by the gap they fill. For family and EB-5 cases, attorneys at the partner firm handle filing directly.

Sources

All checked September 2026.

1. eCFR, 8 CFR 204.5. The priority date rule, the EB-1A criteria and job-offer provision (quoted verbatim above), and the EB-2 definitions.
2. eCFR, 8 CFR 204.6(j). EB-5 lawfully obtained capital placed at risk.
3. USCIS Policy Manual, Volume 6, Part F, Chapter 2. EB-1A self-petitions and the final merits determination.
4. USCIS Policy Manual, Volume 6, Part F, Chapter 5. EB-2, the three NIW prongs (quoted verbatim above) and evidence for entrepreneurs.
5. USCIS, Form G-1055 Fee Schedule (edition 09/09/26).
6. USCIS, How Do I Request Premium Processing? (updated 03/23/2026).
7. U.S. Department of State, Visa Bulletin for September 2026. Final Action Dates, annual limits and the per-country limit. USCIS, Adjustment of Status Filing Charts from the Visa Bulletin confirms which chart applies.
8. USCIS, Green Card for Immediate Relatives of U.S. Citizens (updated 01/30/2026).
9. USCIS, Green Card for Family Preference Immigrants (updated 07/08/2025).
10. USCIS, Removing Conditions on Permanent Residence Based on Marriage (updated 12/12/2023) and Conditional Permanent Residence (updated 04/24/2025).
11. USCIS, About the EB-5 Visa Classification (updated 11/18/2025).
12. USCIS, Form I-829 (updated 06/01/2026).

Frequently asked questions

Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.