Can you tell me about filing the foreign worker petition?

September 3, 2019 5:53 pm

Many of the US work visa programs require that a petition be filed with the USCIS government agency requesting permission to allow a foreign worker to relocate to the United States for a particular purpose. In such cases, the USCIS agency must approve the petition before the relevant visa application can be submitted to the US State Department at the embassy or consulate. A sponsoring employer in the United States will normally file the petition, but some US visa types allow the foreign worker to file the petition. In some cases, a favorable labor certification may need to be obtained from the US Department of Labor before the petition can be filed, basically stating that there are no qualified American workers available and willing to fill the US job opening and that the wages of American workers will not be harmed by bringing in a foreign worker for the position. Particular petitions are filed for specific US visa types. An example of a petition that is commonly filed to bring foreign workers to the United States is the Form I-129 (Petition for a Nonimmigrant Worker), but there are other petitions as well.