Petitioner Definition and How to Become One

When it comes to U.S. immigration law, you may see the word petitioner involved. What exactly is a petitioner and how does someone qualify as one? If you’re interested in immigration law, it’s very important to know the answer. In this article, you are going to get the petitioner definition, as well as what someone needs in order to be eligible to become a petitioner.

What Is a Petitioner?

A petitioner is someone who is making a request to the government. Basically, this person can file immigration forms in order to ask for some benefits for another person, called “beneficiary” in this scenario.

To be a little more specific, this person can make requests on behalf of foreign nationals to USCIS, and if the request is approved, then the foreign national can apply for a visa. In order to make this possible, the petitioner must be a prospective employer or someone who is an immediate relative, like a legal permanent resident or a U.S. citizen.

The petitioner will submit two different types of petitions to USCIS, depending on what they are to the foreign national. That being said, if the petitioner is a prospective employer of the foreigner, then Form I-140, Immigrant Petition for Alien Workers will have to be completed. The form is going to ask about the skills of the beneficiary, the place of birth, when the last arrival in the United States took place, their current address, and others. Information about the proposed employment for the beneficiary and the business of the petitioner will also be included.

If the petitioner is an immediate relative of the foreigner, then Form I-130, Petition for Alien Relative is necessary. In this form, information about the petitioner’s spouse(s), parents, current address, employment history, place of birth, and more will be asked. It will also ask about the information used to form the relationship between the beneficiary and the petitioner.

There’s also a situation where the petitioner might submit a petition on behalf of the spouse, and in that situation, Form I-130 A, Supplemental Information for Spouse Beneficiary will have to be filled out.

Requirements to Qualify as Petitioner

How does someone qualify as a petitioner? Well, there are a few requirements that the person must meet in order for that to be possible.

Qualifying Organization

To qualify as a petitioner, an individual has to attest it is a bona fide non-profit religious organization or a bona fide organization that has an affiliation with a religious denomination. It should be exempt from taxation as well. The attestation should be signed by the authorizing official, which shows that the attestation is true.

Religious organizations that want to qualify as “bona fide non-profit” religious organizations should bring some evidence in the U.S. This proof is going to show that the organization has a valid determination letter at the moment, one from the IRS, which confirms the exemption. It will also prove that the organization has no federal tax requirements, as it is described in Section 501(c)(3) of the Internal Revenue Code (IRC) of 1986.  

However, the petitioner will have to use the IRS determination letter of the parent organization if the petitioning entity goes under a parent organization that has a group tax exemption from the IRS.

Things a petitioner can bring to submit to show that he/she can use a group tax exemption  from a parent organization could be:

• An IRS letter where the coverage of the petitioner under the parent organization exemption is confirmed
• Copies of the pages from a parent organization’s directory where it’s confirmed that the petitioner is a member of the group
• A letter from the organization having a group exemption as proof that such an exemption is covering the petitioner
• The website of the parent organization that has the petitioner listed as a member of the group that has exemption coverage

You should also be aware that the USCIS regulations need petitioners to submit a determination letter using the R-1 petition, even though the IRS doesn’t need any determination letter from religious organizations.

As for a bona fide organization affiliated with religious denomination petitioner, it qualifies for this as long as the organization:

• Is exempt from any federal requirements as it’s described in IRC 501(c)(3)
• Is associated in a very close way with the religious denomination
• Has a determination letter from the IRS that is valid and confirms the exemption

Petitioner Attestations

There should be information provided by the petitioner to attest the following things:

• A detailed description of the daily duties of the beneficiary
• The employment specific location
• The beneficiary has at least 2 years of being a member of the denomination
• The beneficiary is qualified to perform the duties of the position that was offered
• The beneficiary is not going to be engaged in secular employment
• The position title that was given to the beneficiary
• A statement that the beneficiary will work at least 20 hours every week
• The particulars of the non-salaried or salaried self-support or compensation for the position
• The number of members of the petitioning employer’s organization
• The number of special immigrant religious workers, as well as R-1 nonimmigrant petitions and applications that were filed on behalf or by any religious workers by the petitioning employer for employment within the last 5 years
• The number of religious workers with special immigrant worker status or R-1 nonimmigrant status employed at the moment or within the last 5 years by the petitioning employer’s organization
• The number of employees who work at the same location where the religious worker will also be employed, as well as a summary of the overall responsibilities

Verification and Inspections

Before or after USCIS makes its final decision on the petition, it may perform on-site inspections. This inspection will provide them with verification of the proof submitted to support the petition, such as the facilities, location, and so on. No foreign address should be used by the petitioner. To petition, the employer should be in the U.S.

Documentation and Evidence

Certain documentation and evidence have to be provided. For instance, general evidence will have to be brought, such as a Form I-129 and R-1 Classification Supplement. A valid determination letter from the IRS that established the tax-exempt organization statement is necessary too. Other than that, there needs to be some verifiable evidence showing that the petitioner has the intention to compensate the beneficiary, as well as whether the beneficiary will self-support or not.

At the same time, there may also be additional evidence required for group tax-exempt religious organizations and organizations affiliated with a religious denomination.

Employer Obligations

Within 14 calendar days, the beneficiary employer should notify DHS in case the beneficiary:

• Has been released from the employment
• Is working less than the required number of hours
• Has ended the employment before the expiration of the authorized R-1 nonimmigrant stay

Compensation Requirement

R-1 nonimmigrants should get non-salaried or salaried compensations, or at least provide their support as a missionary under the missionary program that was established. As such, the petitioner has to state the ways he/she wishes to compensate the R-1 nonimmigrant, or ways the R-1 nonimmigrant will use for self-support. Evidence has to be submitted for this.

Conclusion

So, now you know the petitioner definition as well as how someone qualifies as a petitioner and why this is important for foreign workers. This information may come in handy in the future.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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