In theory, almost any U.S. job or company could sponsor a non-citizen for an employment-based green card to immigrate to the United States. The practical reality, however, is that certain jobs might end up not meeting the certification requirements, and certain employers might not be willing to spend the time and resources for the lengthy application process.
While there is no outright restriction on types of jobs that qualify for an employment-based immigrant visa, applicants' qualifications must fit within certain visa categories, and the employer will have to go through a Department of Labor (DOL) certification process known as PERM.
The PERM process is used by the U.S. government to ensure that domestic workers in the U.S. are not harmed or disadvantaged by an employer's use of immigrant labor. The employer must be able to show that there are no workers already in the U.S. who are qualified, available, and willing to take the position that an immigrant will fill.
To prove this, the employer must attempt to recruit U.S. workers for the open position, by creating a job description, interviewing candidates, and making a recruitment report to submit to the DOL. If the DOL finds that even one U.S. worker is qualified, available, and willing to take the position at the "prevailing wage" (the average wage paid to a similar worker in the same area), it will deny the PERM application and the employer will not be able to undertake the next steps to petition for the potential employee to come to the United States.
Certain types of jobs, known as "Schedule A" occupations, are exempt from the PERM requirement and are therefore more likely to lead to an employment-based visa. The first group on Schedule A is for physical therapists and professional nurses; and the second is for people with exceptional ability in the arts and sciences, including university professors.
So-called "special immigrants" also do not have to go through the PERM process, including religious workers, employees of the U.S. foreign service, and more.
The PERM application is not the end of the process. After DOL approves it (or, if no labor certification was required), the employer needs to file a visa petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the potential employee (the "beneficiary").
The employer must pay all fees associated with the petition, which can be over a thousand dollars (on top of the fees usually paid to attorneys to complete the petition).
Once USCIS has approved the petition, the beneficiary might, depending on level of education and country of origin, face a long wait before an immigrant visa becomes available (due to annual limits). Only then can the would-be employee take the next step and apply for a U.S. green card.
The most current wait times for employment visas are published in the State Department Visa Bulletin every month. Workers from India often wait nearly ten years. Nationals from China and the Philippines also frequently have to wait several years to be able to get an employment-based visa and green card.
Once the PERM certification and visa petition are approved (and a visa becomes available), the potential employee can finally apply for a U.S. green card.
An employee who is already in the U.S. and in legal status should be able to apply without leaving the country, in a process known as adjustment of status. An employee who is not currently in the U.S., or in the U.S. but not in legal status, will have to apply through what's known as consular processing at a U.S. embassy or consulate abroad and then receive an immigrant visa with which to enter the United States.
If the U.S. government finds any reason that the applicant is inadmissible to the U.S. (for example, a criminal record or health-related grounds), the green card will not be approved.
While any job or employer could potentially sponsor an immigrant for an employment-based green card, the cost, uncertainty, and wait times of the petition process create a situation in which larger employers with more resources are much more likely to willingly embark on this. Larger employers can often better absorb the cost if the petition is not approved for any reason.
Furthermore, certain employers may rely more heavily on immigrant workers and therefore have more experience sponsoring workers and be more comfortable with taking on the process. These employers may even already have immigration attorneys on staff or immigration firms that regularly work for them, who can make the application process easier.
Finally, certain educational and occupational backgrounds are more in demand in the U.S., and an employer may therefore be willing to take on the time and cost to sponsor you. Because of the shortage of workers in the science, technology, engineering, and math (also referred to as "STEM") fields in U.S., an employer might be more likely to sponsor an immigrant with relevant training. Medical workers (including nurses and doctors) are also in high demand, and therefore have a better chance at being sponsored for a visa to immigrate to the United States.
