Beyond the Work Visa: Understanding the 8-Year Journey to Employee Residency

Most employers think immigration is just about obtaining employees' eligibility to work. Obtaining a work visa is only one step in what is typically a 7-to-8-year journey. 

If you're hiring international talent, understanding the full pathway helps you plan better and retain employees longer. 

1: TEMPORARY WORK VISA

Most applicants start their immigration journey with a “non-immigrant visa," such as H-1B, L-1, O-1, or TN.  Each serves a different purpose, but they all have one thing in common—they are temporary.

Many employees come on student visas (F-1 or J-1), then apply for an H-1B visa, which is so popular that it has an annual visa lottery (only 25% or less of applicants are selected in a particular year). As a result, it’s common for recent graduates to obtain multiple Master's degrees as a way to extend their US status while trying to win a lottery selection in subsequent years, but they must contend with attending school while working for their employer.

This pathway is expensive, & can cost up to $80,000 a year in tuition alone. While this is a practical strategy, it has its limitations & high costs. Other times, applicants go from one visa to another once they have reached the maximum number of years available on a visa.

2: GREEN CARD (LPR)

If the employee is valuable to your company & you're willing to invest in his or her career/future, a Green Card is the next step. It is valid for 10 years & allows the holder to work for any employer.

Executives, managers, nurses, physical therapists, or people with “extraordinary ability,” may obtain Green Cards in 1-2 years by skipping the PERM Process.

For applicants in EB-2 and EB-3 categories, the PERM application process is a multi-agency, multi-year process that currently takes 4-5 years to complete. 

Employees on an H-1B visa with an approved I-140, from countries with a long wait list on the Visa Bulletin (China and India), are able to extend their H-1B visa while they continue to wait for a Green Card to become available. They must file a PERM application (step 3 in the process) before the 5th year of their visa, or else they risk running out of options if the PERM application is denied.

 3: U.S. CITIZENSHIP

Once the applicant obtains an employment-based Green Card, he or she can apply for U.S. citizenship after 5 years.  Some people LPRs stay on just a Green Card for decades, while others apply on the first date they are eligible. This is the end of the immigration journey! 

When you sponsor an employee's visa, you're starting a multi-year relationship. He or she may go through 2-3 different visa types before getting permanent status, if at all. This is why the long-term strategy is crucial! 

Understanding this progression helps you make better hiring decisions & set realistic expectations with your international employees about their immigration timeline.

DISCLAIMER: This post does not constitute legal advice, or make any guarantees as to a potential outcome. Consult with a qualified, licensed immigration attorney about the facts of your case before proceeding.