US companies submit employment petitions when they want to sponsor a foreign worker for an employment visa. The employer files the petition with the USCIS on the prospective employee behalf. The foreign national can apply for a visa if that petition is successful.

An employment petition explains basic details about the proposed job, including job position, salary, and qualifications. Employers are required to pay a fee when submitting the employment petition. They are also required to attach supporting documents proving that they have the financial means to pay the foreign worker. In addition, employers need to prove that they pay their taxes. The Labor Conditions Certification that goes attached to the petition confirms that the employer is paying the foreign worker a living wage and that an American worker is unable or unwilling to perform the job.

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