The immigration system in the U.S. is notoriously complicated. There is a lot of misinformation about the immigration process and how people can become U.S. citizens.
There are four primary avenues for lawful entry into the United States: family-based immigration, employment-based immigration, refugees & asylum seekers, and the diversity visa program. In this post, we'll explain the basics of employment-based immigration in the U.S.
The information provided below is a summarized version of the American Immigration Council’s fact sheet titled: “How the United States Immigration System Works.” Published: June 24, 2024
This information has been reviewed by an immigration attorney and is for educational purposes only. Please consult a licensed immigration attorney for legal advice.
Employment-Based Immigration: An Overview
The U.S. offers multiple avenues for immigrants with valuable skills to enter the country, either temporarily or permanently. These processes can be extensive and are ONLY available to immigrants who have not overstayed or violated their visas or entry to the U.S.
Temporary vs. Permanent Employment-Based Visas
Temporary Employment Visas
Employers can petition foreign nationals for specific jobs for limited periods. There are more than 20 types of visas for temp workers, including athletes, entertainers, religious workers, and various H visas for highly skilled & lesser-skilled workers.
Most temporary workers must work for the employer that petitioned for them and have limited ability to change jobs.
Permanent Employment Visas
In some cases, employers can sponsor the worker for permanent employment.
The wait for permanent employment visas could take 5-15 years, depending on the country of origin.
Permanent employment visas are capped at 140,000 per year for the entire United States. This number includes their eligible spouses and minor unmarried children, meaning the actual number of employment-based immigrants is less than 140,000 each year.
Legalization Process
The legalization process for a permanent employment visa involves the following:
- Obtain the Department of Labor certification approval (Form ETA-9089, or PERM certifying that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of employment)
- I-140 approval
- Bulletin of visa waiting time
- Consular processing
The wait for a permanent employment visa is not as lengthy as the family-based legalization, but still takes at least 5 years and up to 15 years.
Depending on the permanent immigration category sought and the foreign national’s current nonimmigrant category, they may be able to complete the steps to become an LPR while continuing to live and work in the United States.