Can I Apply for a Green Card without Employer Sponsorship?
Discover whether it's possible to apply for a green card without the sponsorship of an employer in this informative article.
Thousands of skilled foreign workers receive a US Permanent Resident Green Card through employer sponsorship each year; however, there are other ways to get a Green Card without employer sponsorship.
The majority of Green Cards are granted each year to the family members of US citizens or permanent residents.
Up to 55,000 Green Cards per year are issued through the Diversity Visa Program to selectees and their family members who pass the consular process successfully.
Green Cards may also be given to foreign nationals who are granted asylum or refugee status in the United States, after they have been living in the USA for one year as temporary legal residents.
This guide will give you the essential information about how you may be able to receive a Green Card without employer sponsorship.
Table of Contents
What is a Green Card?
A US Permanent Resident Green Card is a plastic identification card issued by US Citizenship and Immigration Services (USCIS) to an immigrant which is carried as proof of permission to live, study and work in the USA for an unlimited amount of time.
Green Card holders can enjoy many benefits including:
- Living in the USA for an unlimited time period
- Working in the United States legally
- Studying at educational institutions in the USA
- Applying for financial aid to help pay for educational programs
- Sponsoring family members for a Green Card
- Traveling to and from the United States
- Having the opportunity to buy a home in the US
- Receiving the option to start a US business
- Enjoying equality and freedom protected by law
- Visiting beaches, forests, mountains and other scenic areas
- Getting access to a wide variety of consumer products and services
- Applying for American citizenship after living in the US for 5 years
Ways to Apply for a Green Card without Employer Sponsorship
Here are three ways to apply for a Green Card without employer sponsorship:
- Family Sponsorship:
- US citizens and permanent residents can sponsor family members for a Green Card.
- An American citizen may sponsor a spouse, children, parents, brothers or sisters for a Green Card.
- US permanent residents may sponsor a spouse or unmarried children for a Green Card.
- The US citizen or permanent resident files the Form I-130 Petition for Alien Relative with USCIS.
- If the Form I-130 is approved and the family member lives in the US, the Form I-485 Application to Register Permanent Residence or Adjust Status will be filed with USCIS, the government fees must be paid, and the Green Card will be issued if approved.
- If the Form I-130 is approved and the family member lives outside of the US, USCIS will forward the file to the National Visa Center and from there it will be sent to the US Embassy or Consulate in the family member’s country of residence.
- The family member living outside of the US will need to file the Form DS-260 Application for Immigrant Visa and Alien Registration with the US State Department and provide copies of the required documents.
- A consular interview will be scheduled at the American Embassy or Consulate; governmental fees must be paid; relevant documents must be presented; and if approved, an Immigrant Visa will be placed in the family member’s passport.
- The family member living outside the US, after receiving an Immigrant Visa, will pay the online USCIS Immigrant Fee so the Green Card can be sent to the designated address in the United States for retrieval.
- Diversity Visa Program:
- The Diversity Visa Program is one of the easiest ways to receive a Green Card.
- One requirement is to have been born in an eligible country with a low level of immigration to the US.
- The other requirement is to have completed 12 years of primary and secondary education OR to have two years of work experience in the past five years in a qualifying occupation that requires two years of experience or training to perform.
- Annual registration for the Diversity Visa Program usually occurs in October.
- About 100,000 winners are selected by lottery the following year for the chance to apply for a Diversity Immigrant Visa.
- Selectees must file the Form DS-260 Application for Immigrant Visa and Alien Registration with the Kentucky Consular Center.
- The KCC will schedule a consular interview at the US Embassy or Consulate in the selectee’s country of residence.
- On the day of the consular interview, the Diversity Visa Fee must be paid at the US Embassy or Consulate.
- If approved for US immigration, a Diversity Immigrant Visa will be placed on a page of the selectee’s passport.
- The new permanent resident will need to pay the online USCIS Immigrant Fee so the Green Card can be sent to the designated address in the United States for retrieval.
- Asylum or Refugee Status
- Another way to apply for a Green Card without employer sponsorship is through asylum or refugee status.
- The US welcomes thousands of asylum-seekers and refugees every year who are seeking safe haven in the USA.
- A person who has been officially granted asylum or refugee status can apply for a Green Card through adjustment of status after living in the USA as a temporary legal resident for one year.
- This is done by filing the Form I-485 Application to Register Permanent Residence or Adjust Status with USCIS and paying the government fees.
- If approved, the Green Card will be sent to the new US permanent resident’s address in the United States.
Conclusion
It is possible to receive a Green Card without employer sponsorship if you can be sponsored by a family member who is a US citizen or permanent resident; or you are selected as a winner of the Diversity Visa Lottery and pass the consular process successfully; or you are granted asylum or refugee status in the United States and satisfy the residency criteria.
In the event that you are a skilled foreign worker, then you should definitely explore the possibility of applying for a Green Card through employer sponsorship, since there are several programs available.
How can you know which pathway to a US Green Card is right for you?
For more than 20 years, USAFIS has been helping people around the world to explore and pursue their options for US immigration.
USAFIS can provide you with a US Visa Assessment which will review your relevant details and let you know which US visa programs best match your profile.
You can also receive guidance to gather the required documents for the application process.
Frequently Asked Questions (FAQ’s)
Can I apply for a Green Card without employer sponsorship?
There are other ways to get a Green Card, such as family sponsorship, the Diversity Visa Program, as well as asylum or refugee status. Each of these US immigration pathways has its own eligibility requirements and application process. Whether you can actually apply for one of these Green Card pathways depends on your personal circumstances, such as whether you are a close family member of a US citizen or permanent resident who will sponsor you for a Green Card; if you were born in a country that is eligible for the Diversity Visa Program and you satisfy the education or work experience criteria; or whether you are eligible to be approved for asylum or refugee status in the United States.
What is employer sponsorship as it relates to applying for a Green Card?
There are employment-based Green Cards that require a foreign worker to receive a qualifying job offer from an employer in the United States (i.e., employer sponsorship). This usually requires the employer to file a petition with US Citizenship and Immigration Services (USCIS) requesting permission to hire a foreign worker, because a qualified American citizen or US permanent resident cannot be found to fill the open position. In most cases, a Labor Certification is also needed from the US Department of Labor. Once the US employer receives permission to hire the foreign worker, the foreign worker can apply for the relevant employment-based US Immigrant Visa with the US State Department and go through the consular process. If approved for an employment-based Immigrant Visa, the new US permanent resident can pay the online USCIS Immigrant Fee so the Green Card can be sent to the designated address in the United States.
Are there other ways that a foreign national can legally live in the United States?
Yes, there are many ways that a foreign national can legally live in the USA, either as a permanent resident or as a temporary legal resident.
In addition to receiving a US Permanent Resident Green Card through employment, family, the Diversity Visa Program, asylum or refugee status, there are several non-immigrant US visa programs, such as the F-1 Student Visa (usually issued for the duration of studies); H-1B Work Visa (which can be issued for up to 3 years and can be renewed for 3 years); and other temporary work visas.
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