Passport & Consular Services

What is an Employment Petition?

An employment petition, also known as a visa petition or a petition for nonimmigrant worker, is a formal application submitted by a U.S. employer on behalf of a foreign worker seeking employment in the United States. The purpose of the employment petition is to establish the eligibility and need for a specific visa category based on the offered employment.

Here are some key points to understand about employment petitions:

Employer’s role: The U.S. employer is responsible for initiating the employment petition process. They file the petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker they wish to hire.

Visa categories: Each employment-based visa category has its own specific requirements and eligibility criteria. Common visa categories that require an employment petition include the H-1B visa for skilled workers, the L-1 visa for intracompany transferees, and the O visa for individuals with extraordinary ability.

Documentation: The employer must provide supporting documentation to demonstrate the need for a foreign worker and the qualifications of the employee. This may include job offer letters, detailed job descriptions, educational qualifications, proof of the employer’s financial capacity, and evidence of compliance with labor laws.

Prevailing wage determination: In many cases, the employer must determine and attest to the prevailing wage for the offered position. This ensures that the foreign worker will be paid a wage that is comparable to what U.S. workers in similar roles receive.

Form I-129: The primary form used for employment petitions is Form I-129, Petition for Nonimmigrant Worker. This form requires information about the employer, the foreign worker, the job position, and the specific visa category being requested.

USCIS review: Once the employment petition is submitted, the USCIS reviews the application, along with the supporting documents, to determine if the petition meets the requirements for the requested visa category. The USCIS may request additional evidence or clarification during the review process.

Approval and visa application: If the employment petition is approved, the employer and the foreign worker can proceed with the visa application process. The foreign worker may need to submit additional forms, attend an interview at a U.S. embassy or consulate, and provide supporting documents to obtain the visa.

It’s important to note that the specific requirements and procedures for employment petitions can vary depending on the visa category and individual circumstances. It’s advisable to thoroughly review the guidelines provided by the USCIS and consult with an immigration attorney for accurate and up-to-date information based on your specific situation.

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