Skip to main content

Q and A: What Goes Into Preparing an Employment-Based Petition Filed with CIS?

Q.  Can I prepare an immigration petition by myself?
A.  The CIS website contains a wealth of information regarding various nonimmigrant classifications, forms, fees, regulations and policies.  However, to the layperson, navigating and interpreting this information correctly can sometimes prove to be difficult.  In fact, U.S. Immigration regulations are one of the most complex areas of law within the federal government.   While an employment-based petition can be filed on your own, it is extremely helpful to have the guidance of an experienced immigration attorney.
Q.  Why is my attorney asking for so much information?
A properly prepared employment-based petition starts with analyzing an individual’s educational, work and immigration history as well as the proposed U.S. employment and ensuring that the correct category is selected.  Detailed information regarding the applicant, sponsor and proposed job duties is organized and the corresponding forms and supporting letter are completed.  Current trends have proven that unless a petition is properly and thoroughly documented, a Request for Evidence (“RFE”) is likely to be issued which can ultimately result in a denial.  Berardi Immigration Law has taken an aggressive stance with regard to this trend and meticulously prepares each nonimmigrant petition in an effort to present the strongest possible case to the government.
Q.  What are the benefits in retaining a lawyer?
While an employer or individual can file for status with CIS, they may not be aware of current policies and trends or have the background knowledge necessary to prepare an approvable case.  The legal issues that accompany a petition should be understood and assessed before a potential error is made.  Prior to filing, our experienced staff will determine the appropriate fees and ascertain the correct mailing address.  Additionally, we will ensure that the documentation is arranged in a way that ensures the petition is accepted by CIS, routed through the mail room, and is easily understood by an Adjudicator.   Berardi Immigration Law can provide guidance, offer options, prepare your case and provide representation at every step of the process with regard to the agency handling your petition.   Our goals align with our client’s goals which are an efficient, hassle-free process and approval.
Page summary:  A carefully prepared and comprehensively documented petition should be filed with CIS.  The assistance of a skilled immigration attorney can prove invaluable in this process.