The Immigrant Petition is valid unless withdrawn by the U.S. employer or revoked by the USCIS.
FAQs about the 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
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.
If the employment based preference category requires a certified labor certification application, then this must be obtained before the Immigrant Petition can be filed.
The Immigrant Petition is filed along with the certified Labor Certification Application.
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.
No. The petitioner must be a U.S. employer.
Yes. However, the individual must possess a Federal Employer Identification Number (FEIN).
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
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