The multifaceted process such as immigration, considering family ties or employment opportunities, can serve as the central reason for relocating to a different country. Each path has its distinct features, implications, and requirements that affect the immigrant and their families. If someone wishes to relocate or is looking to help someone in need of assistance and guidance, understanding these differences is vital. In this article, we walk through the five key differences of family-based immigration and employment-based immigration and how both of these processes impact people in different ways.
Eligibility Criteria
The first and foremost element is the difference in family-based compared to the employment-based immigration criterion is the eligibility criteria. To bring families together, family based immigration concentrates on reuniting families and is offered to close family members of U.S. citizens or lawfully permanent residents (LPRs). This includes not only immediate relatives, that are spouses, children and parents of U.S. Citizens, but also siblings who are more distant relatives that suffer through longer waiting durations owing to the cap on visas and set quotas.
Different from the dominating immigrants who come to the U.S. to reunite with family, the employment-based immigrants come to the country seeking for a job. These type of immigrants tend to have particular skills that the U.S. market is actively seeking. This category includes individuals of exceptional abilities. Additionally, there are skilled workers as well as professionals holding advanced degrees. The United States has set requirements for these skill-based immigrants such as specific qualifications in regard to employment associated with the United States.
Application Workflow
Both family-backed and employment-based immigrants have distinct differences in the application process with family-based having a relatively easier method. To initiate the process, a U.S. citizen or LPR is required to file a Petition for Alien Relative also known as Form I-130. Following the approval of the petition, the immigrant is obliged to wait for the availability of visa number which changes drastically based on the country origin and the family relationship. When the visa number becomes available, the immigrant is eligible to either apply for a visa or if they are already located in the U.S., alter their residency status.
In an employment-based immigration case, the first step of the process is obtaining a labor certification from the Department of Labor (“DOL”) to show that there are no U.S. workers who can fill the position. After receiving the labor certification, the employer has to submit an Immigrant Petition for Foreign Worker Form I-140 to USCIS. Once approved, the immigrant can either apply for an immigrant visa or change their status.
Waiting Periods
There are long-term concerns for all immigrants, both family-based and employment-based, but the underlying issues for the delay is different. Essentially, family-based immigration is affected by a waiting period because of the cap on some family preference categories. Take, for instance, the siblings of US citizens from certain countries like Mexico or the Philippines in high-demand regions; they may encounter waiting spells extending beyond ten years. Nevertheless, immediate relatives aren’t bound to these caps hence they are able to receive visas at a much faster rate.
Employment-based immigration also has limits but the waiting periods depend on how popular a certain category is as a visa and what country the applicant is from. Some employment-based categories, especially priority worker ones, experience less waiting, while others could have delays almost similar to family-based systems.
The Importance of Sponsors
As previously stated, the presence of a sponsor differentiates family-based and employment-based immigration. For family-based immigration, the sponsor is most commonly a U.S. citizen or LPR that is directly related to the immigrant. The sponsor needs to prove that they can financially support the immigrant in order to avoid them becoming a public charge. This usually includes filing an Affidavit of Support (Form I-864). This legal document binds the sponsor to a certain income threshold, requiring them to support the immigrant at a particular level.
In employment-based immigration, the sponsor is most often the employer willing to provide the immigrant with the position. The employer is also required to prove that the job offer is bona fide and that they have the means to pay the wage. Moreover, the employer might also have to show that employing the foreign national does not adversely affect the wages and working conditions of United States employees.
Adjustment of Status and Consular Processing
The consideration of both adjustment of status and consular processing still presents another difference relative to family-based immigration and employment-based immigration. Adjustment of Status is the process where an immigrant within the boundaries of the U.S. can apply for permanent residency status as a lawful permanent resident without having to leave the country. This process is available to family-based and also to employment-based immigrants as long as they fulfill the necessary prerequisites and have an approved visa petition.
In contrast, consular processing pertains to an immigrant applying for a visa at a U.S. consulate or embassy located in his/her home country. This procedure is popular for persons who are outside the United States when their visa petition is approved. Both pathways have their advantages and challenges, but often the decision relies on the immigrant's circumstances and preferences.
Final Thoughts
Grasping the difference between family-based immigration and employment-based immigration is crucial for efficiently moving through the U.S. immigration system. Each pathway has distinct challenges and advantages with contrasting eligibility requirements, application procedures, waiting periods, and sponsorship roles. A family immigration attorney or an immigration law expert focusing on work visas can aid those seeking family reunification or employment opportunities in the U.S. By understanding these variations, prospective immigrants can make informed choices on which immigration process to pursue, ensuring that they are choosing the path that best fits their goals and dreams.
