What are the requirements to file an Immigrant petition?

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