The Immigrant Petition is valid unless withdrawn by the U.S. employer or revoked by the USCIS.
FAQs about the Immigrant Petition
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.
Do I file the Immigrant Petition by itself or are other forms required?
The Immigrant Petition is filed along with the certified Labor Certification Application.
Can I own the company and file an Immigrant Petition on my behalf?
An employer/employee relationship is required. As such, the USCIS has taken the position that an owner of a company can file a petition on his or her behalf in very limited circumstances. If an employer/employee relationship can be demonstrated then the Immigrant Petition can be approved.
Can a foreign company or individual file an Immigrant Petition?
No. The petitioner must be a U.S. employer.
Can an individual file an Immigrant Petition?
Yes. However, the individual must possess a Federal Employer Identification Number (FEIN).
What are the requirements to file an Immigrant petition?
The U.S. employer must obtain a certified, individual Application for Permanent Employment Certification (labor certification) from the Department of Labor. The petitioner must be a U.S. employer (company or individual). There must be an employer/employee relationship between the U.S. employer and foreign worker. The U.S. employer must offer a full time, permanent position. The foreign… Read More
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