Kyle Huffman, Esq.

In the landscape of U.S. immigration law, the pursuit of an employment-based green card can be a significant milestone for foreign nationals aspiring to establish their careers in the United States. Among the various pathways available, self-sponsorship for an employment-based green card stands out as an option that grants individuals the ability to sponsor their own immigration journey, offering a unique opportunity for skilled professionals and entrepreneurs. Traditionally, most employment-based green card categories require an employer to sponsor the foreign national, demonstrating the need for their skills or expertise. However, certain visa categories permit self-sponsorship, allowing individuals to petition for permanent residency without a specific employer's sponsorship. These include: 1. EB-1A Extraordinary Ability: Individuals with extraordinary abilities in the sciences, arts, education, business, or athletics may self-petition for an employment-based green card. They must demonstrate sustained national or international acclaim, providing extensive evidence of their achievements in their field. 2. EB-2 National Interest Waiver (NIW): This category enables individuals whose work is deemed to be in the interest of the United States to self-sponsor. Applicants must demonstrate their work's significance and how it benefits the nation as a whole. 3. EB-5 Immigrant Investor Program: Entrepreneurs investing in a new commercial enterprise that creates jobs for U.S. workers can self-petition for an employment-based green card. They must meet certain investment thresholds and fulfill job creation requirements. While these classifications have the advantage of allowing an individual to self-petition, each of these applications have distinct, stringent requirements to meet. This route can be challenging, requiring substantial evidence and a compelling case to prove extraordinary abilities or qualifications. Additionally, meeting the high standards set by USCIS for self-sponsorship can be demanding, necessitating thorough preparation and documentation. Navigating the complexities of immigration law, especially concerning self-sponsorship, often requires professional legal guidance. Seeking assistance from experienced immigration attorneys or consultants can significantly enhance the chances of a successful self-sponsored green card application, ensuring compliance with the intricate regulations and requirements. If you have any questions about what this means for you, please schedule a consultation with one of our experienced attorneys. We look forward to working with you.

Representative Gabe Vasquez of New Mexico’s 2nd Congressional District has recently introduced five new immigration-related bills to Congress, in an effort to make progress on solving the United States immigration issues, particularly in regard to border crossings at the U.S. Southern Border. Let’s take a closer look at these bills and the benefits that they can provide, if passed into law: 1. The Strengthening our Workforce Act The first bill proposed by Representative Vasquez aims to provide support for a few key industries of the United States economy. Specifically, this bill seeks to provide a legal pathway to permanent residency and citizenship. This bill will create the opportunity for migrants in “critical industries” – healthcare, education, and law enforcement, to apply for a two-year temporary provisional status, to continue working in their chosen profession of critical importance. Following the two-year probationary period, these individuals would then be eligible to apply for adjustment of status to permanent residents. 2. The Stop Coyotes’ Oppression and Organized Trafficking, and Ensure the Safety Act This bill, quite simply, aims to increase the penalties for the criminals responsible for human trafficking, particularly for trafficking minors. The bill, if passed, would add an additional penalty of up to 10 years beyond for individuals found guilty of human smuggling as well as crimes of violence against children while trafficking. 3. The Smart Border Protection Act This bill is seeking additional funding for the U.S. Customs and Border Protection Agency. The funds would be primarily distributed for two purposes: hiring more agents and improving border infrastructure. The hiring of additional personnel has clear implications for CBP’s efficiency and effectiveness. The increase to border infrastructure involves the purchase of scanning equipment to increase the ability to detect illicit substances from being smuggled into the United States through ports of entry. According to Representative Vasquez, this scanning equipment has greater than a 90% success rate. 4. The Humane Accountability Act This bill, if passed, would do a great deal to help ensure safety and justice for asylum seekers. It would require each of the agencies working with asylum seekers, including Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and the Office of Refugee Resettlement (ORR), to create reports to congress about the state and condition of migrant detention centers. This bill would be a big step in the right direction to ensuring that every migrant seeking the protection of the United States has the opportunity to navigate the U.S. immigration system from a place of dignity and respect. 5. The Farm Workforce Support Act The last of the five bills introduced by Representative Vasquez aims to support the United States’ agricultural industry, which has been facing a labor shortage for the past several years. If passed, this bill would allow temporary work visas and labor protections for agricultural workers.