Two of the most common paths to obtaining a green card (permanent residence) in the U.S. are family-based and employment-based green cards. While both lead to lawful permanent residence, the process and requirements for each differ significantly. In this post, we’ll explore the main distinctions between family-based and employment-based green cards, clarifying what applicants should expect from each option.
Family-Based Green Cards
Family-based green cards are designed for individuals with close family ties to U.S. citizens or lawful permanent residents (LPRs). Typically, the sponsoring relative must meet specific eligibility requirements and provide proof of the relationship. Here are the key elements:
- Eligibility: U.S. citizens and permanent residents can sponsor family members for green cards. Citizens can sponsor spouses, children, parents, and siblings, while permanent residents can sponsor spouses and unmarried children.
- Proof of Family Relationship: The petitioner (U.S. citizen or LPR) must submit evidence showing their familial relationship to the beneficiary. This may include birth certificates, marriage certificates, and other official documentation.
- Forms and Process:
- U.S. citizens or LPRs file Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS).
- After the petition is approved, the process can proceed through consular processing or adjustment of status, depending on the applicant’s location and visa availability.
For more information on family-based green cards, refer to the USCIS Family Immigration Guide.
Employment-Based Green Cards
On the other hand, employment-based green cards are typically obtained through a U.S. employer who offers a foreign worker a job. In some cases, high-performing individuals can self-petition. Here are the basics:
- Eligibility: Workers must have a job offer from a U.S. employer unless they qualify for special categories such as the EB-1 visa for extraordinary ability. Investors and entrepreneurs may also be eligible under the EB-5 program.
- Job Offer and Labor Certification: Most employment-based applicants must undergo a labor certification process, where the U.S. Department of Labor verifies that no qualified U.S. workers are available for the job. This adds another layer of documentation and verification.
- Forms and Process:
- Employers typically begin the process by filing Form I-140 (Immigrant Petition for Alien Worker) with USCIS.
- The process often involves coordination between USCIS, the Department of Labor, and the National Visa Center. Some petitions are eligible for premium processing, which can expedite the timeline by paying an additional fee.
For detailed guidelines on employment-based immigration, visit the USCIS Employment-Based Immigration Guide.
Differences Between Family-Based and Employment-Based Green Cards
- Sponsorship
- Family-Based: Sponsored by a U.S. citizen or LPR.
- Employment-Based: Sponsored by a U.S. employer (or self-petition for specific individuals).
- Required Documentation
- Family-Based: Proof of familial relationship (birth, marriage certificates).
- Employment-Based: Proof of job offer, labor certification, and worker qualifications.
- Processing Time
- Family-Based: Processing times vary, but specific categories may experience long waits due to annual visa caps. Immediate relatives (spouses, parents, and unmarried children of U.S. citizens) are not subject to numerical limits, making the process faster.
- Employment-Based: Processing times can be lengthened by labor certification requirements, coordination between agencies, and visa backlogs. However, premium processing is available for some categories, allowing applicants to pay for a faster decision on their petition.
For more information on processing times and visa availability, check the U.S. Visa Bulletin.
Conclusion
Family-based and employment-based green cards may lead to the same outcome—permanent residence—but the journey to obtaining each is vastly different. Understanding these distinctions is crucial for applicants to choose the right path based on their circumstances. It is best to speak with an immigration lawyer to understand your immigration options fully.
Schedule a Consultation with an Immigration Lawyer
Citations
We Can Help!
If you have questions regarding U.S. permanent residence (green card), we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
