09/01/2026
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One misunderstanding about employment-based immigration is the idea that self-petitioning means you do not need an I-140.
That is not generally the case.
For certain employment-based categories, you can self-petition, which means you file the immigrant petition for yourself rather than having an employer serve as the petitioner.
For example, eligible applicants in categories such as EB-1A and EB-2 National Interest Waiver (NIW) may self-petition by filing Form I-140.
So think of it this way:
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Self-petitioning tells you who files the petition.
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Form I-140 is the immigrant petition being filed.
And self-petitioning does not mean that you automatically qualify. You still have to meet the requirements of the employment-based category you are pursuing.
Considering EB-1A or EB-2 NIW? Our firm can help you assess your eligibility, prepare your self-petition, and navigate the I-140 process. Book a consultation to discuss your options.