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Jul 25, 2005
Can Relatives Petition Family Members?
- Atty. Michael J. Gurfinkel, Esq. Email this article

Dear Atty Gurfinkel:

 

My American Citizen sister would like to petition me, but it would take many, many years to get a green card through a family petition.  She also has a very successful business and would like to petition me as her employee through an employment based petition.

 

Is there anything wrong or illegal for a relative to petition a family member for a green card through labor certification?

 

                                            Very truly yours,

                                                         SF

 

 

Dear SF:

 

There is nothing wrong or illegal about one family member petitioning another family member for a green card  through labor certification as long as:

 

1. The employer is financially able to  pay the alien the “prevailing wage” for the job;

2. The alien is qualified for the job, based on college education or previous experience;

3. The employer first makes  a good faith effort to recruit qualified American workers for the job, but is unable to find any American worker who is ready, willing and able to perform the job;

4. The job must be real.  The job opening must be a true, legitimate, bona fide job opportunity.  Under no circumstance can it be fixed, fake, fraudulent, or merely a “favor”; and

5. The alien must actually work for the employer when legally able to do so.

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