Sponsors & petitioners

Employer petitions: I-129 (temporary) and I-140 (permanent)

A US employer that wants to hire a foreign national files the petition — you cannot file for yourself in these categories. Which form depends on whether the job is temporary or permanent.

• Form I-129, Petition for a Nonimmigrant Worker, covers temporary work classifications including H-1B specialty occupation, L-1 intracompany transferee, O-1 extraordinary ability, P performers and athletes, Q, and R religious workers. The USCIS filing fee varies by classification, and the consular MRV visa fee for these petition-based categories is $205 (or $315 for E treaty visas).
• H-1B has an annual cap of 65,000 plus a further 20,000 reserved for holders of a US master's degree or higher. Employers first submit an electronic registration (currently $215 per beneficiary) before being selected to file a full petition.
• Form I-140, Immigrant Petition for Alien Workers, is the permanent (green-card) employment route. For most cases the employer must first obtain a certified PERM labor certification from the Department of Labor, showing no qualified US worker is available and that hiring you will not undercut US wages.
• The employer must also demonstrate its ability to pay the offered wage, typically through tax returns, audited financial statements, or annual reports.

Family petitions: Form I-130

A US citizen or lawful permanent resident uses Form I-130, Petition for Alien Relative, to establish a qualifying family relationship. Approval does not grant any status by itself — it simply opens the door to the visa or green-card application that follows.

The USCIS filing fee for Form I-130 is $675 on paper or $625 filed online (effective 1 April 2024).

• US citizens can petition for a spouse, unmarried child under 21, or parent (if the citizen is 21 or older) as immediate relatives, who are not subject to annual numerical limits.
• US citizens can also petition for married children, adult children, and siblings — these fall into the family preference categories, which are capped and subject to waiting times.
• Lawful permanent residents can petition for a spouse and unmarried children, all within capped preference categories.
• Capped categories are governed by the monthly Visa Bulletin and your priority date; only immediate relatives of US citizens avoid the queue.

Financial sponsors: Form I-864 and Form I-134

Separate from the petition itself, most intending immigrants need a financial sponsor who signs a legally enforceable promise of support. This is how the government guards against an applicant becoming a public charge.

• Form I-864, Affidavit of Support, is required for most family-based and some employment-based immigrant visas. The sponsor must generally show income of at least 125% of the HHS Poverty Guidelines for their household size (100% for active-duty military sponsoring a spouse or child).
• Household size counts the sponsor, their spouse, dependent children, anyone claimed on the most recent tax return, and the immigrants being sponsored. The exact dollar thresholds update annually and are published on Form I-864P — always check the current version.
• Form I-134, Declaration of Financial Support, is a lighter, non-213A document used for certain nonimmigrant (temporary) beneficiaries and specific parole programs. Unlike I-864, it is generally not a long-term legally binding contract.
• A financial sponsor is often, but not always, the same person as the family petitioner; a joint sponsor can be added if the petitioner's income falls short.

The typical order of steps

Sponsorship almost always comes before the visa application. The general sequence is: (1) the sponsor files the petition (I-129, I-140, or I-130) with USCIS; (2) USCIS approves it; (3) for capped categories, you wait for your priority date to become current on the Visa Bulletin; (4) you file the visa application — DS-160 for nonimmigrant visas or DS-260 for immigrant visas, or adjust status inside the US with Form I-485; and (5) financial support documents (I-864 or I-134) are submitted as part of that stage.

Because petition approval alone confers no status, timing and category caps often matter as much as eligibility. Processing times and fees shift frequently, so confirm both on the official pages before you file.