The United States is often seen as the land of opportunity, attracting thousands of foreign workers each year who hope to establish and advance their careers. Employment-based visas and Green Cards are one of the most sought-after avenues to achieve this dream, offering permanent residency in the U.S. However, obtaining an employment-based Green Card can be a complex and lengthy process. For those who wish to immigrate to the United States, it can be helpful to understand the different categories of workers who may qualify for Green Cards and the annual quotas for each type of employment-based Green Card.

Annual Availability of Employment-Based Green Cards

United States Citizenship and Immigration Services (USCIS) makes about 140,000 employment-based green cards available each fiscal year. This number is not necessarily fixed, as unused family-based visas from the previous year may increase the quota for employment-based green cards.

For many immigrant families, the ability to live together in the United States is essential, and it may be a goal that can take years to achieve. In some cases, family members may be fleeing dangerous situations, or some family members may have already settled in the U.S., and they may wish to bring their loved ones to live with them. However, there are many issues that can impede the immigration process, including when a person is determined to be inadmissible to the United States.

Fortunately, waivers of inadmissibility may be available in certain situations. These waivers allow immigrants to overcome a finding of inadmissibility and ensure that they can receive visas and Green Cards. To qualify for a waiver of inadmissibility, a person will need to meet several criteria, and one of the most important involves showing that if they cannot enter or remain in the U.S., their family members may suffer hardship. Understanding what types of hardship may qualify and how to demonstrate this to immigration officials is not always easy, but with the assistance of a skilled immigration attorney, families can provide the necessary evidence and address any other issues that may arise in their case.

For those who are seeking to come to the United States, the immigration process can be difficult.  In many cases, immigrants are fleeing dangerous situations in their home countries due to issues such as political unrest, natural disasters, or persecution, and they often face uncertain futures. For some, the only hope may be to seek asylum and receive humanitarian relief that will allow them to remain in the U.S. rather than being returned to situations where they would be at risk of suffering serious harm. However, proposed changes to the rules followed by immigration officials may limit people's ability to obtain this vital form of protection.

Biden Administration Seeks to Implement New Restrictions on Asylum

In response to the ongoing immigration crisis, the administration of President Joe Biden has implemented a number of measures meant to limit unauthorized entry into the United States by immigrants, while also providing legal avenues for those who are seeking humanitarian relief. A rule known as Title 42 that was implemented by the previous presidential administration in response to the COVID-19 pandemic has allowed for the expedited removal of many undocumented immigrants. The Biden administration has sought to end this rule, and although it has faced a number of legal challenges, Title 42 is currently scheduled to end in May of 2023.

Family-based immigration provides the opportunity for family members to be together and build a life in the United States. Family-based visas are often the most efficient way to immigrate to the U.S., as they can usually be granted more quickly than other types of visas. There are multiple types of visas available depending on the relationship between family members and a sponsor's status as either a U.S. citizen or Green Card holder. In addition to the ability for families to complete the immigration process as quickly and easily as possible, family-based visas offer a number of other benefits:

Allowing Families to Stay Together

Family-based visas allow family members to remain close to each other instead of being forced to live separately in different countries. This can provide an emotional benefit, especially when family members are reunited after they have had to remain separated due to prior visa issues. By sponsoring their loved ones for immigration, people in the United States can ensure that multiple generations of a family will be able to work together to address their ongoing needs. This can allow for smoother transitions, emotionally and logistically, as immigrants resettle in the U.S.

In recent years, the technology industry has seen a great deal of upheaval, and the economy of the United States and the world as a whole has also undergone some major changes. As a result, many companies have taken steps to reduce their workforce and lay off workers. More than 150,000 tech employees were laid off in 2022, and more than 35,000 layoffs have already occurred in 2023. These layoffs have hit immigrant workers especially hard. For those who have entered the United States on employment-based visas, the loss of a job may affect their immigration status, and they may need to determine what steps to take to avoid being forced to leave the country.

Layoffs for Workers on H-1B Visas

Many people in the tech industry have been able to receive H-1B visas that allow them to enter and live in the United States through sponsorship from U.S. employers. H-1B visas are available for people in specialty occupations, and a person is generally required to have a bachelor's degree or higher, as well as the ability to apply highly specialized knowledge in their field. H-1B visas are temporary, non-immigrant visas, and they are typically valid for up to three years, although they can be extended.