🇺🇸 United States Immigration Guide
U.S. employer-sponsored immigration runs through United States Citizenship and Immigration Services (USCIS) and the Department of Labor (DOL), spanning temporary work visas like H-1B, H-2A, and H-2B, and permanent employment-based green cards.
General Information Only — Always Verify Officially
This guide summarizes publicly available government information current as of our last review. Immigration rules, occupation lists, fees, and processing times change frequently and your eligibility depends on your individual circumstances. Nothing here is legal or migration advice. Always confirm current details on the official government links below, or speak with a licensed professional — see our Disclaimer and Partners & Verification pages.
Work Permit Options
Common employer-sponsored temporary work categories include the H-1B visa (specialty occupations generally requiring a bachelor's degree or equivalent), the H-2A visa (seasonal agricultural work, uncapped), and the H-2B visa (seasonal non-agricultural work, capped at 66,000 visas per fiscal year, split into two halves). Each has distinct eligibility rules, caps, and application procedures.
Employer Sponsorship Overview
For H-1B, the employer files Form I-129 with USCIS, sometimes subject to an annual lottery due to high demand. For H-2A and H-2B, the employer must first obtain a Temporary Labor Certification from the Department of Labor, demonstrating that no able, willing, and qualified U.S. workers are available and that hiring foreign workers won't adversely affect wages and working conditions of similarly employed U.S. workers, before filing Form I-129 with USCIS.
Permanent Residence Pathway
Employer-sponsored permanent residence (a "green card") commonly proceeds through the EB-2 or EB-3 categories. Most require the employer to first complete PERM labor certification with the Department of Labor (Form ETA-9089), proving the unavailability of qualified U.S. workers, followed by Form I-140 with USCIS, and finally Form I-485 (adjustment of status) or consular processing abroad.
Occupation Categories
The U.S. Department of Labor uses the O*NET-SOC (Standard Occupational Classification) system for prevailing wage determinations and labor certification. Example occupation categories commonly seen in employer-sponsored visa and green card cases include:
- Specialty occupations requiring a degree (engineering, IT, healthcare) — typical H-1B and EB-2/EB-3 categories
- Skilled and semi-skilled labor (construction, manufacturing, hospitality) — typical EB-3 and H-2B categories
- Agricultural work (planting, harvesting, livestock) — typical H-2A category
General Eligibility Factors
These are common, general factors — actual requirements vary by program and individual case.
- A genuine job offer from a U.S. employer willing to sponsor the relevant visa category
- For H-1B: a position that qualifies as a specialty occupation, generally requiring at least a bachelor's degree
- For H-2A/H-2B: a temporary or seasonal need certified by the Department of Labor
- For green cards: a completed PERM labor certification (for most EB-2/EB-3 cases)
- Passing required medical, security, and admissibility checks
Typically Required Documents
- Valid passport and supporting identity documents
- Job offer letter and Labor Condition Application (H-1B) or Temporary Labor Certification (H-2A/H-2B)
- Educational credentials and, where relevant, credential evaluations
- Evidence of relevant work experience and licensing/certification
- For green card cases: PERM certification, Form I-140, and Form I-485 or consular processing documents
Approximate Processing Times & Fees
- Form I-129 base filing fee: $780, plus applicable ACWIA training fee ($750–$1,500) and fraud prevention fee ($500) for H-1B cases; premium processing is optional at $2,965 for 15 business days
- PERM labor certification: no government filing fee, but recruitment costs are borne by the employer; average DOL processing has recently run roughly 11–17 months
- Form I-140: $715 filing fee; Form I-485 (adjustment of status): $1,440 filing fee
- A separate $100,000 fee applies only to new H-1B cap-subject petitions for beneficiaries outside the U.S. at filing under a 2025 proclamation — it does not apply to most extensions, transfers, or changes of status filed from within the U.S.
These figures change often. Always check the official government fee and processing-time pages linked below before budgeting or planning.
Employment Opportunity Context
The U.S. labor market continues to show demand in healthcare, information technology, skilled trades, agriculture, and hospitality — sectors that frequently use H-1B, H-2A, H-2B, and EB-2/EB-3 pathways. H-1B is subject to an annual numerical cap and lottery, so timing your application to the federal fiscal year registration period matters. Always confirm current visa bulletin movement and DOL processing times before planning a timeline.
Frequently Asked Questions
Is the H-1B visa subject to an annual cap?
Yes. Most H-1B cap-subject petitions are selected through an annual electronic registration lottery due to demand exceeding the statutory cap; certain employers (e.g., universities, some nonprofits) are cap-exempt.
What's the difference between H-2A and H-2B visas?
H-2A is for temporary or seasonal agricultural work and has no annual numerical cap. H-2B is for temporary or seasonal non-agricultural work and is capped at 66,000 visas per fiscal year, split into two halves.
Do I need a lawyer for a green card application?
U.S. immigration law is complex and PERM/I-140/I-485 filings involve strict procedural requirements; most applicants engage a licensed attorney. Always verify any attorney's license on the relevant state bar's official register.
How long does PERM labor certification take?
Processing time varies and has recently averaged roughly 11 to 17 months, longer if the case is audited. Check the DOL's Foreign Labor Application Gateway (FLAG) for current processing times.
Official Government Sources
These are the primary official sources for United States immigration information — bookmark them and check back often, as rules change.
Explore Another Country
Ready to explore your United States options?
General guidance only — not legal advice. Book a consultation to discuss your specific situation with our team.
Book a Consultation