The foreign worker may qualify for the employment based third preference category if s/he is a member of the professions holding an advanced degree or has exceptional ability; a certified labor certification application is required (unless a national interest waiver is sought); and the position offered must be full time and permanent (unless a national… Read More
FAQs about the Immigrant Petition
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).
Can an individual file an Immigrant Petition on behalf of an employee?
Yes. However, the individual must possess a Federal Employer Identification Number (FEIN).
Does the USCIS examine other factors in granting a National Interest Waiver?
Yes. the USCIS will examine the following factors: whether the U.S. economy will benefit from the foreign individual’s admission; whether the foreign individual’s admission will improve the wages and working conditions of U.S. workers; whether the foreign individual’s admission will improve the education and programs for U.S. children and underqualified workers; whether the foreign individual’s… Read More
What are the threshold requirements to file a National Interest Waiver?
The proposed employment must be in an area of substantial intrinsic merit; the proposed benefit to the economy must be national in scope; and the national interest would be adversely affected if labor certification were required.
What is a National Interest Waiver?
The USCIS may waive the requirement for a certified labor certification if it is in the national interest of the United States. This is termed a ‘national interest waiver’.
What are the requirements to file a National Interest Waiver Immigrant petition?
The USCIS may waive the requirement for a certified labor certification if it is in the national interest of the United States. The USCIS may waive the requirement of an employer or job offer. The petitioner can be a U.S. employer (company or individual) or a foreign individual that can self-petition. The foreign individual must… Read More
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The Immigrant Petition is valid unless withdrawn by the U.S. employer or revoked by the USCIS.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
