A petitioner is someone who petitions the U.S. government on behalf of an immigrant who is seeking to receive an immigration benefit (the “beneficiary”). There are three types of petitioners (1) U.S. Citizen or Lawful Permanent Resident (LPR) family members; (2) self-petitioners; and (3) employer petitioners.
U.S. Citizen or Lawful Permanent Resident Family Members
If you are applying for an immigration benefit through a family member, the petitioner will be the family member who already has legal status in the United States. The petitioner can be a U.S. citizen or LPR spouse, U.S. citizen son or daughter over 21 years old, U.S. citizen brother or sister, or a U.S. citizen or LPR parent. The first step in any family-based immigration case is to prove that there is a qualifying relationship with a family member and show that they have the legal status required to be able to submit a petition on your behalf.
In family-based cases the status of the petitioner and the family relationship between you and the petitioner can determine how the case is processed and how long the case might take. For more information on the visa waitlist for different types of family petitions, please visit our blog here.
Self-Petitioner
There are two types of employment-based immigration petitions that allow you to act as your own petitioner:
- EB-1A extraordinary ability petitions allow you to act as your own petitioner and show that you have extraordinary abilities that have been demonstrated through documentation of sustained national or international acclaim. The requirements for EB-1A petitions are outlined here.
- National Interest Waiver petitions require that you show that the work that you are doing is of substantial merit and national importance, that you are well-positioned to advance your work, and therefore you should be allowed to continue your work. The requirements for National Interest Waiver petitions are described here.
For more information on the visa waitlist for different types of employment-based petitions, please visit our blog here.
Certain types of humanitarian visas allow you to self-petition. This includes U-visas for victims of crime, T visas for victims of human trafficking, and VAWA petitions for victims of domestic violence.
Employer Petitioner
Most work-based permanent resident options require a U.S. employer to petition on behalf of an employee or future employee. This requires you to have a U.S. based employer who is willing to sponsor a petition for your employment. Employers may petition for a foreign national employee through the PERM (Permanent Employment Certification Application) process, which essentially requires the employer to show that they have tried tied to find a U.S. worker for a position but have been unable to do so. While awaiting processing of permanent residence, employers may also sponsor petitions for nonimmigrant status, such as through H-1B petitions for workers in specialty occupations and TN petitions for Mexican or Canadian employees working in certain professional occupations.
If you think you have someone who is ready to petition for you, please contact us to assess your options and make a plan.
How Can Vrapi Weeks Immigration Attorneys Help?
Vrapi Weeks immigration attorneys have a dedicated team of professionals with expertise in immigration matters filed for family members, immigration matters filed by employers, and immigration matters filed by individuals. We handle many types of immigration matters and can assist you with green card applications, work permits, waivers, employment-based visas, and family-based visas. If you have questions or would like for our local attorneys to evaluate your options, please schedule a consultation with our experienced team of immigration lawyers at Vrapi Weeks today.
