How to Self-Petition for a Green Card (EB-1A and EB-2 NIW)

Step 1: Choose a Category

The EB-1A is for professionals who can demonstrate extraordinary ability in their field. You do not need to be famous or have a Nobel Prize, but you need proof that your work stands out and that experts recognize your impact. The EB-1A often fits founders, researchers, engineers, or executives with strong achievements.

EB-2 NIW is for professionals with an advanced degree (or a bachelor’s degree plus five years of progressive experience) or exceptional ability, whose proposed work passes the three-part national interest test from Matter of Dhanasar. It is an option in a range of fields, including software, AI, research, medicine, public health, engineering, cybersecurity, renewable energy, or almost any domain where you can meet the eligibility criteria.

For a detailed comparison of how these categories differ and the eligibility criteria, review our guide on EB-1A vs. EB-2 NIW.

Step 2: Collect Evidence

USCIS needs proof that your work has a real impact. The bulk of the application process is gathering evidence that you meet the eligibility requirements. Common types of evidence include:

• Publications, citations, or conference presentations
• Patents or patent applications
• Product screenshots, technical documentation, or launch reports
• Customer adoption, user metrics, or deployment statistics
• Revenue, performance outcomes, or market impact
• Grants, public funding, or venture investment
• International or national awards
• Press or media articles that highlight your work

Your evidence package will look different depending on your role. Here are two quick examples:

Step 3: Request Expert Opinion Letters

Expert opinion letters are a critical part of the evidence for your petition. These endorsements come from respected professionals who can objectively explain the significance of your work. Strong letters validate your achievements, provide context, and help a USCIS adjudicator who may not be familiar with your industry.

When choosing who to ask, select people who understand your work, have recognized expertise or leadership in the industry, and are not close colleagues, supervisors, or frequent co-authors.

A persuasive expert opinion letter:

• States who the expert is and why they are qualified to evaluate your work
• Explains how they know your work (not just that they know you personally)
• Describes specific achievements or innovations with measurable results when possible
• Connects each example to the relevant USCIS criteria

Avoid letters that are vague, overly personal, or focused only on your character.

Step 4: Organize and Label Your Evidence

All of your evidence will live inside the final petition, so collect and clearly label every document. A USCIS adjudicator should be able to understand each exhibit without digging for context. If you’re using a platform like Porttus, you can organize your materials in a user-friendly portal. Porttus drafts your petition, recommendation letters, exhibits and forms; your case manager and a licensed immigration attorney review them before filing.

Step 5: Complete Form I-140

Form I-140 is a critical step in the application process. Your filing includes the form, all of your supporting evidence, and your expert opinion letters. Along with the petition, you’ll pay a filing fee. You can file with regular processing or request premium processing for a faster decision. Premium processing is optional. USCIS must act on the petition within 15 business days for EB-1A and 45 business days for EB-2 NIW — approve it, deny it, or issue a Request for Evidence — or refund the premium fee. Filing fees change regularly, so check the USCIS Filing Fees page for the most up-to-date information.

After filing, USCIS will send you Form I-797C, a receipt notice confirming that they’ve received your petition. You can check your case status online using the receipt number.

Step 6: Respond to a Request for Evidence (if needed)

USCIS may send a Request for Evidence (RFE) if they need more information. An RFE does not mean your case will be denied, and it is more common than many applicants realize. Carefully review what USCIS is requesting, provide the additional documentation, and include a cover letter that explains how the new evidence satisfies the request.

Step 7: File for Permanent Residency

An I-140 approval is a major milestone, but it does not by itself grant permanent residency. To obtain the green card after receiving an I-140 approval, you must complete the final step:

• If you are in the United States, file Form I-485 (Adjustment of Status).
• If you are outside the United States, go through consular processing at a U.S. Embassy or Consulate.

You also need a visa number to move forward. Some applicants can file the I-140 and I-485 at the same time (concurrent filing) if a visa number is immediately available. Check monthly visa availability in the State Department’s Visa Bulletin to understand timing for your category and country of chargeability.

Could the EB-1A or EB-2 NIW Work for You?

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