What is an Immigrant Petition?

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Generally, the first step in obtaining permanent residence (“green card”) on behalf of a foreign worker is labor certification. Labor certification is the process of proving that there are no qualified U.S. workers for the position being offered to the foreign worker. If the labor certification application is certified by the Department of Labor, then the U.S. employer must file an Immigrant Petition for Alien Worker (form I-140). The Immigrant Petition is filed by the U.S. employer with the USCIS in order to obtain an immigrant visa for the foreign worker. In the employment based second preference category, the USCIS may waive the requirement for a certified labor certification if it is in the national interest of the United States.