Petitioner
In plain terms: the petitioner is the U.S. employer that sponsors the foreign worker. In an EB-3 case, that’s your company.
The petitioner files the main applications with the government, including the PERM application with the Department of Labor and Form I-140 with U.S. Citizenship and Immigration Services (USCIS). Government forms, receipts and notices are issued to the petitioner, and the petitioner signs and stands behind the information in them.
What it means for you: “petitioner” on a government notice means your company. The petitioner is responsible for offering a real, permanent, full-time job, paying at least the prevailing wage once the worker starts, and showing the government it’s financially able to pay that wage.
Legal authority: 8 CFR 204.5(c), which allows a U.S. employer to file a petition for a worker it intends to employ.
Official links: USCIS, Form I-140
Learn more: Part 1, What Is the EB-3 Visa?.
Glossary
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P
- PERM
- PERM audit
- PERM labor certification
- PERM processing time
- PERM request for information (RFI)
- Permanent resident card (green card)
- Petitioner
- Premium processing
- Prevailing wage
- Prevailing wage determination (PWD)
- Prevailing wage level
- Prevailing wage request (Form ETA-9141)
- Prevailing wage request for information (RFI)
- Priority date
- Priority date retention
