The petitioner (U.S. employer) has successfully obtained labor certification and must now proceed to the second step of the permanent residence process and file an Immigrant Petition (on behalf of the foreign worker) with the USCIS.
The following is a sample list of forms and documentation required by the USCIS.
- Original Immigrant Petition for Alien Worker (Form I-140) with filing fees ($580). Learn more about employment (immigrant) visa fees here.*The Immigrant Petition may be filed along with a Premium Processing Request resulting in a decision being rendered in 15 calendar days.
- Original, valid, certified Application for Permanent Employment Certification (ETA Form 9089).
- U.S. employer’s Letter in Support of the petition specifying the nature of the employer’s business; duties of the position qualifying it for the employment based preference category; foreign worker’s credentials; the terms of employment; ability to pay the offered wage.
- Proof of ability to pay the offered wage.
i. Annual Report, federal income tax return or audited financial statement
ii. W-2 for foreign worker
- Proof of foreign worker’s credentials.
- Copy of biographic page of foreign worker’s passport (if foreign worker is lawfully in the U.S.).
- Copy of Form I-94 Arrival/Departure Record (if foreign worker is lawfully in the U.S.).
*All foreign language documents must be accompanied by a certified English translation.