Are There Any Visa Requirements for the EB1A or NIW Self-Petition Application?

For a self-petition green card application in the NIW (National Interest Waiver) or EB1A (Extraordinary Ability) categories, the process involves two main steps: the I-140 application (petition for permanent residency) and the I-485 application (adjustment of status).

Anyone with virtually any visa type—such as H1B, F1, J1, etc.—can self-petition under NIW or EB1A for a permanent residency petition (I-140). In fact, you do not need to have a current visa to file an I-140 petition. It is also not necessary to be residing in the United States to apply for an I-140 petition.

If you reside outside the United States, the I-485 application is handled through consular processing.

Special Considerations for F1 and J1 Visa Holders

If you are a student on an F1 visa or an exchange visitor on a J1 visa, there are some important considerations to be aware of before applying for a green card self-petition:

• J1 visa holders need a waiver before applying for the I-485 adjustment of status. Both F1 and J1 visas are granted to applicants with nonimmigrant intent, meaning they do not intend to stay permanently.
• The I-140 application implies immigrant intent. As a result, J1 or F1 visa holders may face challenges extending their visas or obtaining an EAD (Employment Authorization Document) after submitting their I-140. This means that if an F1 or J1 visa holder requests an extension of their visa or EAD, the USCIS (US Citizenship and Immigration Services) could deny it due to the implied immigrant intent.

It is generally safer to apply for a green card while on an F1 or J1 visa only if you anticipate that both the I-140 and I-485 applications will be approved before any need for visa or EAD extensions. This means that the priority dates for the category (EB1A or NIW) and nationality must be current at the time of your application.

Please note that the priority date limitation often applies to Indian and Chinese nationals applying under the EB2-NIW category.

Many students have successfully self-petitioned using our DIY green card packets. You can find more information about our self-petition resources here.

Disclaimer: The content on this website is intended for informational purposes only and is not legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered a guarantee of your green card application outcome.