Work and live abroad is a complete resource for those wanting to work abroad or live abroad. We provide overseas job openings, immigration information, legal advice and country guides.
Receive updates on working and living abroad
Expat's Resources

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,




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.

  Page  1 2

Reader Comments
Add your own comment >>