What are the requirements to file an Immigrant petition?

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  • The U.S. employer must obtain a certified, individual Application for Permanent Employment Certification (labor certification) from the Department of Labor.
  • The petitioner must be a U.S. employer (company or individual).
  • There must be an employer/employee relationship between the U.S. employer and foreign worker.
  • The U.S. employer must offer a full time, permanent position.
  • The foreign worker must qualify for the employment based preference category.
  • The foreign worker must possess the education, training or work experience required by the employment based category.
  • The U.S. employer must attest that it will pay the foreign worker at least the prevailing wage.