Skip to content

Petitioner: what it is

Updated: Author:

Petitioner: definition

Key answer

The petitioner is the party that files the petition with USCIS. For the O-1 it is always an employer, an agent or a US-citizen individual acting as agent: you cannot petition for yourself. For EB-1A and EB-2 NIW you can be your own petitioner (self-petition). You, as the person the petition is for, are the beneficiary.

Three O-1 models: a US employer company (the most direct option for steady employment with one company), an agent representing you before one or more employers (needs an agent agreement, letters of intent and an itinerary), and a US-citizen individual acting as agent for that specific petition.

There are no financial, marital-status or credit-history requirements for the petitioner: what matters is that it fits the chosen model and the relationship with you is documented. If you need self-petition, that is a question of choosing another category (EB-1A, EB-2 NIW), not of finding an O-1 petitioner.

Petitioner: the official definition

“A person who files an immigration petition or application.”

USCIS Glossary (uscis.gov), read 2026-10-11. Quoted verbatim.

Petitioner: what to do - tools

Petitioner: read next

Petitioner: documents and templates from the library

Petitioner: from community discussions

  • «Whatever you do, don't do this, I beg you. I tried it, it's a 100% denial. I got a 13-page RFE about how this carries no national importance for the US. Any words about a shortage are a red flag for the officer. They didn't even read my RFE response with the redefined endeavor.»

    community member · from public community chats

  • «Once the case is filed, no evidence obtained after the filing date is accepted for that case. That is, it's reviewed as of the time of filing. The RFE will come for what's already been filed, and they expect a response on what's written there.»

    Eugene · from public community chats

  • «My lawyer told me that at the figure skating World Championships a pair won a medal, but EB-1 was approved for only one person, because collective awards don't count.»

    Maksim · from public community chats

Personal opinions of community members from public discussions, not legal advice.

Petitioner: related terms

All glossary terms

A reference definition, not legal advice. Requirements and procedures depend on your case - verify on uscis.gov.

Did this answer help?