The Job Offer Paradox: Why EB-1A and NIW Don't Require U.S. Jobs (But How Having One Helps Anyway)
Self-petitioned green cards don't require job offers, which sounds liberating... until you realize USCIS wants proof you'll continue working in your field. Here's how to navigate this paradox.
EB-1A and EB-2 NIW are self-petitioned green cards that don't require a U.S. job offer or employer sponsorship. However, USCIS evaluates whether you'll continue working in your field of extraordinary ability or national importance.
Having a clear plan involving employment, entrepreneurship, or ongoing projects strengthens your case, even though it's not legally required.
Key Takeaways
No job offer required
EB-1A and NIW don't require employer sponsorship or job offers, unlike EB-2/EB-3 or H-1B.
But USCIS evaluates intent to continue
At the "final merits determination," USCIS considers whether you'll keep working in your field.
Having a job strengthens your case
Employment (current or offered), entrepreneurial ventures, or ongoing research projects show you'll continue contributing.
You can self-petition from anywhere
You can be outside the U.S., unemployed, or between jobs, but you need a credible story.
Founders have an advantage
If you're running a company, USCIS sees clear evidence you'll continue working in your field.
Researchers need to show ongoing work
If you're between postdocs or academic positions, demonstrate continued research activity.
Key Takeaways
No job offer required
EB-1A and NIW don't require employer sponsorship or job offers, unlike EB-2/EB-3 or H-1B.
But USCIS evaluates intent to continue
At the "final merits determination," USCIS considers whether you'll keep working in your field.
Having a job strengthens your case
Employment (current or offered), entrepreneurial ventures, or ongoing research projects show you'll continue contributing.
You can self-petition from anywhere
You can be outside the U.S., unemployed, or between jobs, but you need a credible story.
Founders have an advantage
If you're running a company, USCIS sees clear evidence you'll continue working in your field.
Researchers need to show ongoing work
If you're between postdocs or academic positions, demonstrate continued research activity.
Table of Content
What Does "No Job Offer Required" Actually Mean?
For most employment-based green cards (EB-2, EB-3) and work visas (H-1B, L-1), you need:
A U.S. employer to sponsor you
A specific job offer
Labor certification (for EB-2/EB-3)
EB-1A and EB-2 NIW are different:
You petition for yourself (no employer sponsor needed)
No specific job offer required
No labor certification required
This gives you freedom:
You can apply while unemployed
You can apply from outside the U.S.
You can change jobs or start a company without affecting your petition
The Hidden Requirement: Intent to Continue in Your Field
While no job offer is required, USCIS policy states:
For EB-1A: "The beneficiary must demonstrate an intent to continue work in the area of extraordinary ability."
For EB-2 NIW: "The beneficiary must show a plan to continue the proposed endeavor in the United States."
This creates a paradox: You don't need a job, but USCIS wants assurance you'll keep working in your field.
Why the Traditional Approach Creates Problems
The "I'll Apply Without a Plan" Mistake
Some applicants file EB-1A or NIW while unemployed, between jobs, or with vague plans. USCIS may issue an RFE asking: "How do you intend to continue your work?"
The "I'm Leaving My Field" Problem: An applicant is a research scientist but plans to pivot to consulting or finance. USCIS may question whether they'll continue in their field of extraordinary ability.
The "I'll Figure It Out Later" Approach: Applicants focus entirely on proving past achievements without addressing future plans. This works for meeting the initial 3 criteria but can fail at the "final merits determination."
How to Demonstrate Intent to Continue (Even Without a Job Offer)
Strategy 1: Current Employment
If you're currently employed in your field:
Include employment letter describing your role
Show how your current work aligns with your field of extraordinary ability
This is the simplest way to demonstrate intent
Strategy 2: Job Offer (Even If Not Accepting It)
If you have a job offer (even if you don't plan to take it immediately):
Include offer letter
This proves U.S. employers value your work and you have opportunities
Strategy 3: Entrepreneurship
If you're a founder or running your own company:
Provide company documentation (incorporation, funding, business plan)
Show your company's work aligns with your field
This is very strong evidence (you're clearly continuing in your field)
Strategy 4: Ongoing Projects
If you're between jobs or unemployed:
Describe current research projects, consulting work, or side projects
Show you're actively engaged in your field even without formal employment
Include letters from collaborators or clients
Strategy 5: Detailed Future Plan
If none of the above apply:
Write a detailed statement of intent: what you plan to work on, where, and how
Include evidence supporting your plan (e.g., submitted job applications, grant proposals)
Your company itself proves intent. Strong evidence:
Company is active and funded
You're CEO or in critical role
Clear business plan aligned with your field
For Industry Professionals
USCIS wants assurance you'll stay in your field. Strong evidence:
Current employment at U.S. company
Job offer from U.S. company
Consulting clients or projects
Side projects (open source, advisory roles)
For People Outside the U.S.
You can self-petition from abroad, but need a clear plan for U.S. work:
Job applications to U.S. companies
Plans to start U.S. operations of your company
Collaborations with U.S. institutions
The "Final Merits Determination" and Job Offers
After determining you meet 3+ criteria, USCIS conducts a "final merits determination": Does the totality of evidence show you're at the top of your field and will continue contributing?
Having a job helps because it
Proves U.S. employers/institutions recognize your value
Shows you're actively engaged in your field
Demonstrates ongoing contributions, not just past achievements
How lack of a job can hurt
If you're unemployed with no clear plan, USCIS may question your commitment
If you're pivoting to a different field, USCIS may question whether your green card should be in the original field
How OpenSphere Handles the Job Offer Paradox
Intent to Continue Assessment
We ask about your current employment status, future plans, and ongoing projects. It evaluates whether your "intent to continue" is strong, moderate, or weak.
Evidence Recommendations by Status
Employed: Include employment letter, align job description with field
Entrepreneur: Emphasize company's work and your role
Between jobs: Highlight ongoing projects, consulting, or collaborations
Outside U.S.: Describe U.S. job search efforts or plans to establish U.S. presence
RFE Prevention
If your "intent to continue" story is weak, it's flagged before filing and suggests ways to strengthen it.
Job Offer Impact on Green Card Categories
Category
Job Offer Required?
How Job Offer Helps
EB-1A
No
Strengthens "intent to continue in field"
EB-2 NIW
No
Proves you'll advance your proposed endeavor
EB-2 (PERM)
Yes
Required for application
EB-3 (PERM)
Yes
Required for application
Want to know if your current situation (employed, entrepreneur, between jobs) is strong enough for EB-1A or NIW, and how to demonstrate intent to continue?
Take the OpenSphere evaluation. You'll get an "intent to continue" assessment and strategy recommendations.
For most employment-based green cards (EB-2, EB-3) and work visas (H-1B, L-1), you need:
A U.S. employer to sponsor you
A specific job offer
Labor certification (for EB-2/EB-3)
EB-1A and EB-2 NIW are different:
You petition for yourself (no employer sponsor needed)
No specific job offer required
No labor certification required
This gives you freedom:
You can apply while unemployed
You can apply from outside the U.S.
You can change jobs or start a company without affecting your petition
The Hidden Requirement: Intent to Continue in Your Field
While no job offer is required, USCIS policy states:
For EB-1A: "The beneficiary must demonstrate an intent to continue work in the area of extraordinary ability."
For EB-2 NIW: "The beneficiary must show a plan to continue the proposed endeavor in the United States."
This creates a paradox: You don't need a job, but USCIS wants assurance you'll keep working in your field.
Why the Traditional Approach Creates Problems
The "I'll Apply Without a Plan" Mistake
Some applicants file EB-1A or NIW while unemployed, between jobs, or with vague plans. USCIS may issue an RFE asking: "How do you intend to continue your work?"
The "I'm Leaving My Field" Problem: An applicant is a research scientist but plans to pivot to consulting or finance. USCIS may question whether they'll continue in their field of extraordinary ability.
The "I'll Figure It Out Later" Approach: Applicants focus entirely on proving past achievements without addressing future plans. This works for meeting the initial 3 criteria but can fail at the "final merits determination."
How to Demonstrate Intent to Continue (Even Without a Job Offer)
Strategy 1: Current Employment
If you're currently employed in your field:
Include employment letter describing your role
Show how your current work aligns with your field of extraordinary ability
This is the simplest way to demonstrate intent
Strategy 2: Job Offer (Even If Not Accepting It)
If you have a job offer (even if you don't plan to take it immediately):
Include offer letter
This proves U.S. employers value your work and you have opportunities
Strategy 3: Entrepreneurship
If you're a founder or running your own company:
Provide company documentation (incorporation, funding, business plan)
Show your company's work aligns with your field
This is very strong evidence (you're clearly continuing in your field)
Strategy 4: Ongoing Projects
If you're between jobs or unemployed:
Describe current research projects, consulting work, or side projects
Show you're actively engaged in your field even without formal employment
Include letters from collaborators or clients
Strategy 5: Detailed Future Plan
If none of the above apply:
Write a detailed statement of intent: what you plan to work on, where, and how
Include evidence supporting your plan (e.g., submitted job applications, grant proposals)
Your company itself proves intent. Strong evidence:
Company is active and funded
You're CEO or in critical role
Clear business plan aligned with your field
For Industry Professionals
USCIS wants assurance you'll stay in your field. Strong evidence:
Current employment at U.S. company
Job offer from U.S. company
Consulting clients or projects
Side projects (open source, advisory roles)
For People Outside the U.S.
You can self-petition from abroad, but need a clear plan for U.S. work:
Job applications to U.S. companies
Plans to start U.S. operations of your company
Collaborations with U.S. institutions
The "Final Merits Determination" and Job Offers
After determining you meet 3+ criteria, USCIS conducts a "final merits determination": Does the totality of evidence show you're at the top of your field and will continue contributing?
Having a job helps because it
Proves U.S. employers/institutions recognize your value
Shows you're actively engaged in your field
Demonstrates ongoing contributions, not just past achievements
How lack of a job can hurt
If you're unemployed with no clear plan, USCIS may question your commitment
If you're pivoting to a different field, USCIS may question whether your green card should be in the original field
How OpenSphere Handles the Job Offer Paradox
Intent to Continue Assessment
We ask about your current employment status, future plans, and ongoing projects. It evaluates whether your "intent to continue" is strong, moderate, or weak.
Evidence Recommendations by Status
Employed: Include employment letter, align job description with field
Entrepreneur: Emphasize company's work and your role
Between jobs: Highlight ongoing projects, consulting, or collaborations
Outside U.S.: Describe U.S. job search efforts or plans to establish U.S. presence
RFE Prevention
If your "intent to continue" story is weak, it's flagged before filing and suggests ways to strengthen it.
Job Offer Impact on Green Card Categories
Category
Job Offer Required?
How Job Offer Helps
EB-1A
No
Strengthens "intent to continue in field"
EB-2 NIW
No
Proves you'll advance your proposed endeavor
EB-2 (PERM)
Yes
Required for application
EB-3 (PERM)
Yes
Required for application
Want to know if your current situation (employed, entrepreneur, between jobs) is strong enough for EB-1A or NIW, and how to demonstrate intent to continue?
Take the OpenSphere evaluation. You'll get an "intent to continue" assessment and strategy recommendations.
Yes, but you need to show intent to continue working in your field (e.g., job search activity, ongoing projects, entrepreneurial plans).
2. What if I'm planning to pivot careers after getting my green card?
Be cautious. If you state you're leaving your field, USCIS may question whether you should receive a green card for extraordinary ability in that field.
3. Do I need a job in the U.S., or can it be anywhere?
For EB-1A and NIW, USCIS wants evidence you'll work in your field in the U.S. (not abroad).
4. Can I be self-employed or a founder?
Yes. Running your own company in your field is strong evidence of intent to continue.
5. What if I'm a researcher between postdocs?
Show ongoing research: collaborations, submitted papers, grant proposals, or a new position starting soon.
6. Can I apply from outside the U.S. with no U.S. job?
Yes, but you need a credible plan for U.S. work (job search, company launch, U.S. institution collaboration).
7. Will USCIS check if I actually take the job I mentioned in my petition?
Not typically, but at the adjustment of status stage, they may ask about current employment.
8. What if I get a job offer after filing?
You can submit it as additional evidence or mention it during the interview (if required).
9. Can I switch fields after getting my green card?
Once you have your green card, you're free to work in any field. But during the petition, you need to show intent to continue in your field of extraordinary ability.
10. How detailed does my "plan to continue" need to be?
USCIS doesn't require a business plan or employment contract. A clear, credible statement with supporting evidence (job applications, company docs, ongoing projects) is usually sufficient.
