How to immigrate to the USA without a job offer

Facundo Bermudez
Download our free guide on how to buy a franchise Download now
Published on 12 Jul 2024 Time to read 10 min read Last update on 28 Aug 2024

When someone decides to move to the United States, they have to navigate through a variety of visa options. Depending on their interests, goals, timeline, and budget, they can narrow down the list to a few choices. If you’re reading this, you’re probably looking for a visa that makes it easy to immigrate to North America without needing a job offer. Rest assured, this is possible and more achievable than you might think. Learning how to immigrate to USA without a job offer opens up several viable options.

So, let’s look at the types of visas that allow you to move to the United States without requiring a job offer.

How to immigrate to the USA without a job offer

1. The EB-1A visa

The EB-1A visa is a remarkable opportunity for individuals who possess extraordinary talents in specific fields such as the arts, sciences, business, education, or athletics. This visa stands out because it allows highly gifted foreign nationals to immigrate to the United States without the need for a job offer. It’s perfect for individuals from India or any nationality facing a huge backlog with other visas, such as the EB-2 NIW.

Freedom from sponsorship

One of the most liberating aspects of the EB-1A visa is that it does not require a U.S. company sponsor. Unlike most employment-based visas, which demand you secure a job offer from a U.S. employer, the EB-1A lets you bypass this step entirely. Typically, employers must obtain an approved Labor Certification, proving they’ve made every effort to find a qualified U.S. worker. But with the EB-1A, you’re free to self-petition, charting your own course based on your extraordinary abilities.

Eligibility criteria

To be eligible for the EB-1A visa, you must meet three critical criteria:

  • Extraordinary ability: Demonstrate sustained national or international acclaim in your field.
  • Intent to continue work: Show that you will continue working in your area of extraordinary ability in the United States.
  • National benefit: Prove that your entry will substantially benefit the country.

How to demonstrate extraordinary ability?

Proving your extraordinary ability involves presenting compelling evidence of your achievements. This can include a one-time major internationally recognized award or meeting at least three out of ten specific criteria. Provide compelling evidence, such as:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
  • Membership in associations in the field which demand outstanding achievement of their members.
  • Published material about you in professional or major trade publications or other major media.
  • Judging the work of others.
  • Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
  • Authorship of scholarly articles in professional or major trade publications or other major media.
  • Display of your work in exhibitions.
  • Leading roles in distinguished organizations.
  • Command a high salary or other significantly high remuneration in relation to others in the field.
  • Commercial successes in the performing arts.

Each piece of evidence should paint a picture of your sustained acclaim and exceptional contributions. If you are interested in applying for the EB-1A visa, Visa Franchise is here to help. We have the expertise to guide you through the process and present compelling evidence of your achievements. Start now today.

EB-1A profile example

Imagine you’re an artist whose work has been showcased in prestigious galleries around the world, or a scientist whose groundbreaking research is published in top journals. Maybe you’re a business leader whose innovative strategies have transformed industries, or an athlete with a record of international competition and accolades. Each example must highlight your significant contributions and the lasting impact of your work. This is your moment to shine and prove that your extraordinary ability sets you apart.

2. The EB-2 NIW visa

Now, a second alternative you have for moving to the USA without a job offer is the EB-2 NIW. The EB-2 NIW offers a unique pathway for individuals whose work is deemed to be in the national interest of the United States. This category is distinct from the standard EB-2 requirements, as it allows qualified applicants to bypass the labor certification process.

Main requirements of the EB-2 NIW visa

  • To qualify for the EB-2 NIW visa, applicants must possess an advanced degree or demonstrate exceptional ability in their field.
  • Beyond academic or professional qualifications, individuals must show a record of significant contributions and achievements in their field. This means establishing themselves as experts or leaders through their work.
  • One of the core aspects of the EB-2 NIW visa is demonstrating that your work holds substantial merit and national importance. Your contributions should go beyond personal or organizational benefits and significantly impact the United States as a whole.
  • Applicants must provide robust evidence showcasing their expertise and the unique, innovative, or crucial nature of their work.

Documentation to present

Diplomas and degrees

Copies of your diplomas, degrees, and transcripts are essential to establish your academic qualifications. These documents provide the foundational proof of your advanced education and specialized training.

Letters of endorsement

Letters from experts in your field endorsing your contributions and attesting to your exceptional ability can significantly bolster your application. These testimonials should come from respected professionals who can speak authoritatively about your impact and achievements.

Professional resume

A detailed professional resume is crucial. It should outline your education, work experience, publications, presentations, and other relevant achievements. This comprehensive overview helps to paint a full picture of your career and accomplishments.

Evidence of exceptional ability

Documentation showcasing your exceptional ability in your field is vital. This might include awards, recognitions, memberships in professional organizations, or a record of significant contributions. Each piece of evidence should underscore your expertise and leadership in your domain.

Form I-140

Filing Form I-140, Immigrant Petition for Alien Worker, is a key step in the EB-2 NIW application process. This form officially petitions for your immigrant status based on your qualifications and contributions.

Personal statement

A well-crafted personal statement is another crucial document. It should explain your field of expertise, detail your specific contributions, and demonstrate how your work benefits the national interest of the United States. This narrative ties together your qualifications and achievements with the broader goals of the EB-2 NIW visa.

Passport and work history

Providing your passport and evidence of your work history helps to verify your identity and professional background. This documentation supports the authenticity and continuity of your career achievements.

Benefits of the EB-2 NIW visa

One of the significant benefits of the EB-2 NIW visa is the potential for premium processing of the I-140 petition, which can expedite the overall processing time. Premium processing allows for faster adjudication of the petition for an additional fee, providing a quicker path to residency.

Upon approval of the EB-2 NIW petition, beneficiaries and their dependent family members can apply for permanent residency (green cards) in the United States. This grants them the right to live and work in the country on a permanent basis, opening up new opportunities for professional and personal growth.

EB-2 NIW profile example

Imagine a civil engineer who holds a master’s degree in Civil Engineering and has devoted their career to designing sustainable infrastructure. They have worked on numerous projects, improving the resilience of bridges and roads to withstand natural disasters. Their innovative designs have been published in respected engineering journals, and they have been recognized with several national awards for their contributions to public safety and sustainability.

As a respected member of professional engineering associations, they have been invited to speak at conferences and review engineering research. By applying for the EB-2 NIW visa, this engineer aims to bring their expertise to the United States, enhancing infrastructure resilience and contributing to the nation’s development and safety.

3. E-2 visa

The E-2 visa is designed for investors, entrepreneurs, and individuals looking to run a business in the United States. With an E-2 visa, you can start a U.S. business or invest in an existing one and work for that business.

E-2 visa requirements

  1. Treaty country citizenship: Be a citizen of a country with a valid treaty with the U.S.
  2. Significant capital investment: Invest a substantial amount in a U.S. business.
  3. Active engagement: Actively engage in the management of the business.
  4. Business legitimacy: Ensure the business is legitimate and not marginal.
  5. Proven source of funds: Provide evidence of the lawful source of investment funds.
  6. Intent to depart: Demonstrate intent to depart the U.S. upon visa expiration.

Benefits of the E-2 visa

With an E-2 visa, you can start a business in the United States and work for that business. By obtaining an E-2 visa, your spouse and unmarried children under 21 years old can also qualify for E-2 visas. Your children can attend school in the United States, providing them with valuable educational opportunities.

One of the attractive features of the E-2 visa is that there is no set minimum investment amount. Investments as low as $100,000 or even lower have qualified for E-2 visas, making it accessible to a broader range of investors. Additionally, there is no limit to the number of times you can extend your E-2 visa, allowing some holders to stay in the United States for 15 years or longer.

The E-2 visa provides a flexible and advantageous option for investors looking to expand their business ventures in the United States. By meeting the requirements and making a significant contribution to the U.S. economy, investors and their families can enjoy the benefits of living and working in the United States.

Comparison of visa options for immigrating to the USA without a job offer

Criteria EB-1A Visa EB-2 NIW Visa E-2 Visa
Sponsorship Not Required Not Required Not Required
Self-Petition Yes Yes No
Minimum Investment N/A N/A No minimum specified (a $100,000 investment is recommended)
Degree Requirement No Advanced Degree or Exceptional Ability No
Premium Processing Yes Yes (for I-140) No
Family Inclusion Yes Yes Yes
Path to Permanent Residency Yes Yes No direct path (Non-immigrant visa)
Eligibility Extraordinary Ability National Interest Waiver Treaty Country Citizenship, Investment

Conclusion

And there you have it. Remember, these are just three ways to immigrate to the United States without a job offer. However, there are many more options available, depending on your goals and what you want to achieve in the U.S.

These three categories are truly great opportunities. They often provide a pathway in less than a year, which is remarkable. If you’re interested in applying for any of these options, we are here to help. Immigration processes can be filled with uncertainty and long waiting times, but with us, that doesn’t happen. We are committed to offering quality service, allowing you to feel at ease and focus on your new life in the United States.

We hope this article has been helpful. If you have any questions, please do not hesitate to contact us.

Visa Franchise does not offer legal services and is not a substitute for professional legal counsel. It operates independently and is not associated with or endorsed by the U.S. Citizenship and Immigration Services (USCIS) or any government entity. Information provided in these emails does not establish an attorney-client relationship, nor is it intended to solicit such a relationship or offer legal services for specific matters. Additionally, it is not meant to provide or replace legal advice from a qualified attorney.

Take our free U.S. opportunity assessment today

Mentioned visas

EB2-NIW (green card)

An employment-based visa intended for those who either have an advanced degrees or exceptional ability

Get NIW information

E2 Visa

An employment-based visa intended for those who either have an advanced degrees or exceptional ability

Access E-2 visa details