The United States of America has long been a beacon of hope for people dreaming of a better life.
Many motives bring people to the U.S.A.: seeking refuge from war, poverty, or persecution — political, religious, or based on sexual orientation; reuniting with loved ones or building a better future through work.
After all, the country even came to be thanks to people escaping religious persecution and wanting to live freely and independently.
Whatever brings you to America, the promised land offers the chance to turn those dreams into reality.
The U.S. Immigration by the Numbers
Immigration is a huge part of what makes America.
It was founded by immigrants, settled by immigrants, and has welcomed many more immigrants since its inception.
The First Industrial Revolution brought over 23 million people to the United States from 1880 to 1930 alone.
Today, millions of people apply each year to live legally in the U.S.A.
In 2022 alone, more than a million people were granted green cards.
Of those, about two-thirds came through family connections, and around 14% got US papers through employment-based pathways.
So, what does all this mean?
This means that family- and employment-based immigration are two of the main ways people come to America legally, making them worth understanding in more detail.
Therefore, in the remainder of the text, we’ll explore what these paths look like, what are the requirements, and what can applicants expect in the process.
Green Card vs. Citizenship: What’s the Difference?
Family and employment-based immigration both lead to getting a green card.
The green card is usually the first step for people who want to live in the U.S. permanently; however, it isn’t the same as citizenship.
What They Have in Common
Both green card holders and U.S. citizens have a lot of the same rights and are protected by U.S. laws.
Furthermore, green card holders can live and work in the U.S.A. indefinitely — although the card has to be renewed every 10 years; and travel in and out of the U.S. (with some restrictions).
Why Citizenship Is Bette
Still, citizenship takes things to another level.
US citizens can vote, run for public office, and hold a U.S. passport.
They’re also safe from deportation as green card holders can be deported under certain circumstances.
Moreover, as a citizen, you can sponsor a wider range of family members to join you in the U.S.
And unlike green card holders, citizenship is a lifetime.
Family-Based Immigration
Family-based visas are all about keeping families together, which is why it’s such a popular option.
Who Can Apply?
You are eligible for family-based immigration if you have relatives who are U.S. citizens or green card holders.
There are two main groups:
- Immediate relatives: This includes spouses, unmarried kids under 21, and parents of U.S. citizens. There’s no limit to how many visas are available for this group, so the process is usually faster.
- Family preference categories: These are for other relatives, like adult children or siblings of U.S. citizens, as well as spouses or kids of green card holders. But here’s the catch: there are yearly limits on these visas, which means longer wait times — sometimes years or even decades.
How It Works
If you’re eligible, your family member (the sponsor) starts the process by filing Form I-130 with USCIS.
Once approved, your case goes to the National Visa Center for the next steps.
Depending on your category, you might have to wait a while before you can apply for your visa or adjust your status.
For immediate relatives, it’s usually quicker; for more distant relatives, patience is key.
Employment-Based Immigration
Employment-based immigration focuses on bringing skilled workers, professionals, and investors into the U.S. to support the economy.
Who Qualifies?
Employment-based immigration is divided into five categories:
- EB-1: If you’re exquisite in your field — think Nobel Prize winners, top researchers, or high-level executives — this one’s for you.
- EB-2: This is for people with advanced degrees or exceptional abilities.
- EB-3: For skilled workers, professionals, and even some unskilled workers.
- EB-4: This category is for special cases, like religious workers or certain employees of international organizations.
- EB-5: If you’ve got the cash to invest in U.S. businesses and create jobs, this might be your ticket.
What’s the Process?
Most of the time, your employer has to sponsor you by filing Form I-140.
Some categories, like EB-2 and EB-3, also require labor certification which proves there aren’t enough qualified U.S. workers for the job.
Once that’s done, you can either adjust your status if you’re already in the U.S. or apply for a visa at a U.S. embassy abroad.
Like family-based immigration, the process can take a while, especially if you’re from a country with a high demand for visas.
What These Two Paths Have in Common
Both family and employment-based immigration can lead to a green card, which is the ultimate goal for many people.
The process for both involves filing petitions, undergoing background checks, and attending interviews.
And let’s not sugarcoat it: both paths require a lot of paperwork, time, and effort.
But if you stick with it, the payoff is worth it.
How They’re Different
Here’s where things diverge:
- Who Can Apply: Family-based immigration is for relatives of U.S. citizens or green card holders. Employment-based immigration is for people with specific skills, job offers, or investments.
- Sponsorship: Family applicants need a family member to sponsor them, while employment applicants usually need an employer’s sponsorship.
- Wait Times: Family visas can take anywhere from a few months to decades, depending on the category. Employment visas also have wait times, but these depend on your category and country of origin.
- Annual Caps: Both paths have annual limits, but immediate relatives in family-based immigration are exempt from these caps.
Paperwork and Steps
Let’s talk about the nitty-gritty of the application process, like which immigration forms you’ll need to fill out and what checkups are you required to pass.
Family-Based Immigration
- Form I-130: Filed by your sponsoring relative.
- Form DS-260: For consular processing if you’re outside the U.S.
- Affidavit of Support (Form I-864): To show your sponsor can support you financially.
- Medical Exam: Required for all applicants.
- Interview: Held at a U.S. embassy or consulate.
Employment-Based Immigration
- Form I-140: Filed by your employer.
- Labor Certification: Required for some categories.
- Form DS-260: For those applying from outside the U.S.
- Adjustment of Status (Form I-485): For those already in the U.S.
- Medical Exam and Interview: Just like family-based applicants.
Wrapping It All Up
Family-based and employment-based immigration are two of the most common ways to get a green card.
While they’re very different in terms of who qualifies and how the process works, both paths lead to the same goal: building a life in the United States.
Yes, it’s a tough journey — it takes time, effort, and patience.
But for most people, it’s worth it.
If this is the path you’re considering, don’t give up.
With the right information and support, you can make it happen.
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