There is no labor certification requirement. The petitioner must be a U.S. employer (company or individual). There must be a job offer. The foreign individual must qualify for the employment based preference category. The U.S. employer must demonstrate its ability to pay the offered wage.
FAQs about the Immigrant Petition
What are the requirements to file an Outstanding Professor or Researcher Immigrant Petition?
There is no labor certification requirement. The petitioner must be a U.S. employer (company or individual). There must be a job offer. The foreign individual must qualify for the employment based preference category. The U.S. employer must demonstrate its ability to pay the offered wage.
What are the requirements to file an Exceptional Ability Immigrant Petition?
There is no labor certification requirement. There is no employer or job offer requirement. The foreign individual must qualify for the employment based preference category.
Can a foreign company or individual file an Immigrant Petition on behalf of an employee?
No. The petitioner must be a U.S. employer.
Can an individual file an Immigrant Petition for himself or herself?
Yes. The foreign individual seeking a national interest waiver may self-petition (a U.S. employer is not required).
How long is the Immigrant Petition valid for after approval?
The Immigrant Petition is valid unless withdrawn by the U.S. employer or revoked by the USCIS.
How long does it take the USCIS to process an Immigrant Petition?
After the Immigrant Petition is filed, the USCIS will issue a receipt notice. After reviewing the Immigrant Petition, if all the conditions and specifications are met, the USCIS will issue an approval notice. Currently, the approval process for an H-1B petition is 4 months from filing. The Immigrant Petition may be filed along with a… Read More
What is the government filing fee for an Immigrant Petition?
At present, the filing fee is $580. We have provided a complete list of fees applicable to the employment (immigrant) visa process on our employment (immigrant) visa fees page.
When can the U.S. employer file an Immigrant Petition?
If the employment based preference category requires a certified labor certification application, then this must be obtained before the Immigrant Petition can be filed.
What is an Immigrant Petition?
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… Read More
