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Immigration Process: A Step-by-Step Guide for Global Employers

In my experience guiding organizations through the realities of cross-border hiring, the process of international relocation, work authorizations, and especially green card sponsorship can overwhelm even the most prepared teams. Yet, with the world growing more interconnected, businesses—especially in IT and fast-growth sectors—can’t ignore the need to bring global talent on board. The goal of this guide is simple: help global employers understand each phase of the immigration journey, with a focus on legal requirements, timelines, green card strategy, and how the right support, such as from EWS Limited, can de-risk and accelerate the process.

Why global workforce mobility is growing

I have watched over the past decade as international team-building shifted from occasional to routine, especially for startups scaling after Series B funding. According to the International Labour Organization, there were 169 million migrant workers globally in 2019, almost 5% of the world’s labor force. Remarkably, more than two-thirds of these professionals work in high-income countries, such as those in North America and Europe. This upward trend, also driven by digitalization and shortages in key skills, is set to continue.

On the entrepreneurial side, OECD’s International Migration Outlook 2024 shows migrant entrepreneurs now make up 17% of self-employed workers in OECD economies—a significant jump from 11% in 2006. These numbers matter for employers. Global recruitment is no longer just about compliance; it’s a strategic lever for company growth, operational resilience, and innovation.

The fundamentals: understanding U.S. immigration and permanent residency

Whenever a company considers hiring international employees in the United States, the journey usually starts with work visas and, for key or long-term team members, the green card. I’ve found that, for HR leaders and C-level executives, confusion about green card types, requirements, processing, and post-hire compliance is one of the biggest obstacles to making the leap.

What is a green card?

A green card (officially, a Permanent Resident Card) grants a non-U.S. citizen the right to live and work permanently in the United States. It is a step towards U.S. citizenship but not automatic; green card holders can also renew their permanent residency indefinitely, as long as they follow legal requirements.

Permanent residency means freedom and opportunity in the U.S. job market.

Why is employer sponsorship so significant?

While there are several routes to obtaining a green card, many workers depend on employer sponsorship. The process can be lengthy, detail-driven, and prone to pitfalls if mistakes occur, so I always urge HR professionals and global mobility managers to treat company-sponsored immigration like any other large-scale operational project—one that requires sound planning, precise documentation, and ongoing management.

The key players: understanding the USCIS and related agencies

USCIS (U.S. Citizenship and Immigration Services) is the central agency handling most employment-based immigration cases in the U.S. It reviews petitions, evaluates green card applications, schedules interviews, and issues approvals, denials, or requests for more evidence.

Other bodies may get involved too, such as:

  • Department of Labor (DOL), especially for labor certification (PERM) in employment-based green card cases
  • U.S. Department of State for consular processing and visa issuance abroad
  • U.S. Customs and Border Protection for border entry and admissions

I’ve seen even the most sophisticated companies struggle with these overlapping bodies, so clarity here can prevent many headaches as the process unfolds.

Visa options: temporary vs. permanent residency

Before jumping into permanent residence, most foreign workers arrive on temporary (nonimmigrant) visas. For global employers, the most common include:

  • H-1B: Specialty occupation visa for positions requiring higher education in fields like technology, engineering, or finance (see details in Pew Research Center’s H-1B visa program data)
  • L-1: Intracompany transfer visa for executives, managers, or professionals with specialized knowledge
  • E-2: Treaty investor visa for selected nationalities making significant investments in U.S. businesses
  • O-1: Visa for individuals with extraordinary ability in science, arts, business, athletics, or education

After arrival, the next goal for both worker and employer is often to transfer to a green card, which ensures the employee can stay long-term and doesn’t depend on annual visa lotteries or renewals.

Types of green cards: family-based vs. employment-based

Both individuals and companies often ask me which green card category fits their situation. The two broadest types are:

  • Family-sponsored: Relatives of U.S. citizens and permanent residents can be sponsored for permanent residency
  • Employment-based: Companies can sponsor qualified foreign talent for permanent residency

Each type includes several subcategories, each with unique processes, requirements, and timelines. Let’s take a closer look.

Family-based green cards

These are handled in two main preference groups:

  1. Immediate relatives: This includes spouses, unmarried children under 21, and parents of U.S. citizens. There are no annual limits—applications are processed as they arrive.
  2. Family preference categories: These cover siblings, adult children, and relatives of green card holders. Annual quotas apply, leading to long waits for some countries.

I often tell employers to be aware that family-based green cards can affect an employee’s plans, such as if they marry a U.S. citizen or receive sponsorship through another route.

Employment-based green cards

These are organized into five preference categories (EB-1 to EB-5), each with its own focus and qualifying criteria:

  • EB-1: Priority workers (extraordinary ability, outstanding researchers/professors, multinational managers and executives)
  • EB-2: Members of the professions with advanced degrees or exceptional abilities
  • EB-3: Skilled workers, professionals, and certain other workers
  • EB-4: Special immigrants (religious workers, some government workers, etc.)
  • EB-5: Immigrant investors (must create jobs and invest significant funds in a U.S. venture)

For most tech, management, and engineering professionals, I’ve seen the EB-2 and EB-3 routes used most frequently. If your candidate is a well-established leader or expert, EB-1 is an option that can move much faster due to lighter backlog.

How employment-based green cards work: the step-by-step flow

The standard journey to permanent residency for most global hires involves several steps. These must be done in order and with attention to U.S. labor law and immigration policy.

  1. PERM labor certification (if required): For most EB-2 and EB-3 cases, the process starts here. The sponsoring employer must show that no qualified U.S. worker is available for the role, using prescribed advertising and recruitment. The Department of Labor certifies the position after review.
  2. Form I-140, Immigrant Petition for Alien Worker: Once the DOL approves PERM, the company files Form I-140 with the USCIS. This petition asserts that both the role and the employee qualify for green card sponsorship.
  3. Priority date and visa bulletin wait: After the I-140 is approved, the applicant receives a “priority date.” Because annual limits exist in each category and per country, there could be additional waiting time for some nationalities.
  4. Form I-485, Adjustment of Status or consular processing: When the applicant’s priority date becomes current, they may apply for residency. This can be Form I-485 (if already in the U.S.) or through consular processing at a U.S. embassy or consulate abroad.
  5. Interview and final review: The process often concludes with an in-person USCIS interview and a request for supporting documentation (tax forms, proof of employment, updated verification, etc.).

Throughout these steps, attention to detail is absolutely needed. Failing to advertise the job properly, using the wrong wage level, or missing document signatures can set the process back months, or even cause a permanent denial.

Required forms and documentation

To illustrate the green card process, here is a typical document flow:

  • ETA-9089 (PERM labor certification) – Submitted to the Department of Labor
  • Form I-140 (Immigrant Petition for Alien Worker) – Filed with USCIS
  • Form I-485 (Adjustment of Status) – For applicants inside the U.S. going from temporary status to permanent residency
  • Form DS-260 (Immigrant Visa Application) – For those outside the U.S. undergoing consular processing
  • Support evidence: job offer letter, proof of business activity, evidence of recruitment, employee CV/credentials, passport info

Correct forms and supporting documents are the foundation for a successful application.

I always suggest maintaining a clear filing system, tracking each step’s deadline, and keeping copies of everything submitted. Mistakes or missing paperwork are leading causes of agency delays or denials.

Legal and regulatory requirements

The U.S. government is strict about employer roles and employee eligibility during the residency process. Here are the key legal checkpoints:

  • The position must be legitimate, full-time, and have a standard wage (at least at the “prevailing wage” for the local labor market)
  • The employer needs to demonstrate capacity to pay the wage (often via tax returns, profit/loss statements, and payroll records)
  • Recruitment must be fair and documented, with good-faith attempts to find U.S. workers
  • Employees must keep status (no overstays, ongoing valid visa, no gaps in employment)

In my work supporting global businesses, compliance on these requirements has been critical. Mishandled wage calculations, insufficient recruitment details, or missed deadlines can mean starting over or permanent ineligibility for employee and employer alike.

Cost breakdown: what employers and applicants should expect

I’m often asked how much employer-sponsored permanent residency will cost. While every case is different, companies should expect fees for official filings, legal support, and sometimes premium processing. Here’s a sample breakdown:

  • PERM labor certification filing: No direct fee, but recruitment advertising often costs $1,000–$3,000 or more
  • I-140 petition: $700 government fee
  • I-485 application (for adjustment of status): $1,225 per applicant
  • Legal or consulting fees: $5,000–$10,000 (depends on complexity and provider)
  • Premium processing (optional): $2,805 as of mid-2024—guarantees response within 15 days from USCIS for I-140
  • Other costs: medical exams, translations, etc., usually under $1,000 per applicant

Employers often cover many or all costs, especially for strategic hires or in highly competitive sectors.

Accuracy in the application—and investing in experienced support—can save far more than it costs, by preventing delays and avoiding costly re-filings or denials.

How long does it take? Timeline and backlogs

In my experience advising clients, one of the hardest aspects to predict is timing. Each stage has its own queue, and government backlogs are common. As of recent years:

  • PERM labor certification: 6–12 months (can run longer at busy periods)
  • I-140 adjudication: 6–10 months (15 days with premium processing)
  • I-485/consular processing: 6–18 months (depends on the field office or consulate)
  • “Visa bulletin” backlogs: Some nationalities (notably India and China in EB-2/EB-3) must wait several years because of annual quotas. Others may proceed much faster, especially EB-1 and in “current” categories.

Sometimes, employment-based applicants’ families (spouses and children) can apply together for green cards, but only if certain conditions are met. Managing the expectations of new hires is something I do with regularity, especially in high-mobility fields.

Common reasons applications are denied or delayed

Green card cases often stall (or fail) due to some predictable mistakes and risks. If I could share a checklist for busy HR teams, it would include:

  • Incorrect or incomplete forms: Small details matter—missing pages, wrong box checked, outdated versions count against you
  • Gaps in recruitment documentation: Especially for PERM, keeping every ad, response, and decision is fundamental
  • Wage issues: Not paying the prevailing wage or showing business inability to pay is grounds for denial
  • Status problems: Overstaying a visa or working without authorization can make applicants ineligible
  • Criminal records or inadmissibility: Certain legal or medical issues can derail even the best-prepared case

Avoiding these mistakes is easier with checklist-driven project management and, where appropriate, outside expertise.

Special considerations for founders and entrepreneurs

Something I notice in the OECD’s recent migration outlook is the growing number of founders applying for residency as business investors (EB-5) or as “extraordinary ability” professionals (EB-1). Startups—especially those at Series B or C—may want to use this path for co-founders or senior talent.

  • EB-1A (“extraordinary ability”): Does not require an employer sponsor; candidates need to show sustained national or international acclaim in their field
  • EB-2 NIW (National Interest Waiver): Allows self-sponsorship for those who prove their work is of U.S. national interest
  • EB-5 (investment-based): Requires investment (currently $800,000–$1.05 million depending on location) and job creation

While not available to everyone, these options are comparatively flexible but require thorough documentation and, often, a legal or consulting partner to prepare a case that meets strict standards.

The path after a green card: naturalization and citizenship

Permanent residency is not citizenship, but it does set the stage for becoming a U.S. citizen. Green card holders gain many rights—work, live, travel, and bring family—but not all (such as voting). The next stage, “naturalization,” brings both additional requirements and benefits.

How to qualify for U.S. citizenship

Applicants must meet:

  • Continuous residence: Lived in the United States for at least 5 years (or 3 years if married to a U.S. citizen) after getting a green card
  • Physical presence: At least half that time must have been spent physically inside the country
  • Good moral character: No major legal issues; paid taxes; complied with legal obligations
  • Civics and English test: Basic understanding of U.S. history, government, and ability to speak/read English
  • Oath of allegiance: Willingness to serve and defend the U.S. if required

Naturalization opens doors—and responsibilities—to life as a full member of U.S. society.

Citizenship grants additional privileges, including the right to vote, run for office, obtain a U.S. passport, and sponsor family for immigration.

Practical tips from my experience: making the process smoother

I have often seen that with the right planning and support, even companies doing this for the first time can succeed. My best advice for global employers includes:

  • Start early: Work backwards from your hiring needs and build in several months for each stage
  • Educate managers and candidates: Set realistic expectations about timeframes and requirements
  • Build a paper trail: Track every ad, every document, and every communication for the file
  • Stay updated: Regulatory changes, especially around wage levels or categories, occur with little warning
  • Invest in support: Even for companies with legal counsel, consulting partners can add capacity and help avoid errors
  • Consider compliance checklists for international hiring to ensure readiness in every jurisdiction

I recommend global mobility managers review the latest data and insights on international mobility to align their HR strategies with current trends. The right foundational knowledge can de-risk even the most challenging relocations.

The expanding role of EWS Limited in green card sponsorship

I’ve seen first-hand how EWS Limited supports businesses at every point of the global workforce journey—offering management of Employer of Record, payroll, and compliance across more than 100 countries. For HR teams tackling green card cases, working with a global mobility partner adds assurance that all rules are followed and no compliance gaps appear.

Companies growing into new markets can often feel intimidated by legal and logistical red tape. Using a central point of contact for traditional employment tasks or an HR strategy designed for international expansion frees up time and resources for business priorities, rather than paperwork and government filings.

Recent developments and future outlook in U.S. immigration

Hiring trends and immigration laws aren’t fixed—they evolve as economic, political, and societal priorities change. For instance, data from the Pew Research Center shows cities like New York, D.C., and San Jose were leaders for H-1B visa approvals in 2023, reflecting demand in tech and finance.

With the U.S. considering updates on wage calculation, quota allocation, and employer obligations, I advise reviewing strategies yearly. Engaging with specialists and leveraging global mobility solutions prepares organizations to adapt—ensuring they remain agile, compliant, and competitive in global talent markets.

For startups, looking at guidance like the global expansion guide for startups can clarify when to consider sponsorship, payroll, or international onboarding. It pays to think not just of today’s hires, but also how residency and mobility efforts set a foundation for sustainable global growth.

Step-by-step checklist for global employers

To finish this practical guide, here’s a summarized step-by-step list based on my consulting experience:

  1. Define your business need. Identify if the position truly requires foreign talent, and confirm the correct green card category.
  2. Run recruitment and wage benchmarks. Begin wage calculations and, if PERM is needed, start the DOL labor certification process.
  3. Prepare and file all legal documents. Gather all supporting paperwork, run internal audits, and ensure compliance before filing any forms.
  4. Communicate with stakeholders. Keep both the employee and management looped in on statuses, timelines, and legal risks.
  5. Set reminders and follow up. Government processing may stall; proactive reminders and responses to requests for evidence are key.
  6. Plan for next steps. Have systems in place for onboarding, payroll, legal status monitoring, and eventual citizenship support.

Success in global mobility rests on preparation, precision, and partnership.

Conclusion: unlocking opportunity through proper planning and support

From PERM labor certification to green card interviews, every phase in bringing international employees into your company’s workforce comes with unique challenges and opportunities. In my years working with global teams and scaling organizations, I have seen that those who prepare—investing in documentation, compliance, and the right partners—are best positioned to reap the rewards of global talent and achieve meaningful, sustained growth.

If you’re considering cross-border hiring or want to refine your organization’s green card strategy, EWS Limited’s tailored solutions can help. Whether you’re ready for your first international hire or seeking to streamline processes for dozens of transfers, our team stands ready to support your business at every step. Reach out now to discover how EWS Limited connects the dots for your company’s growth and expansion.

Frequently asked questions

What is the immigration process for employers?

The typical employment-based process involves proving there is a legitimate need for foreign talent, ensuring compliance with wage and recruitment laws, and sponsoring the employee through a multi-step green card process supervised by USCIS. Most cases start with labor certification (PERM), move to an immigrant visa petition (I-140), and finish with either adjustment of status or a consular interview, depending on the candidate’s location.

How long does the immigration process take?

It varies by case type, employee nationality, and government workload. Recently I’ve seen timelines of 18–36 months from start to finish for standard employment-based green cards, with possible backlogs for certain countries or categories. Steps like labor certification, petition processing, and final adjustment all add months. Premium processing, where available, can speed up certain steps.

What documents are needed to hire foreign workers?

Employers generally need job descriptions, proof of business legitimacy, evidence of recruitment efforts (ads, responses, results), wage documentation, and ongoing payroll records. For the employee, expect copies of passport, visa history, educational credentials, and proof of prior immigration status if applicable. Keeping originals plus scanned files is my strong recommendation for every employer.

How much does immigration processing cost?

Direct government filing fees may total $2,000–$5,000 for an employment-based green card, but overall costs (including legal fees, advertising, medical exams, and translations) for a single hire often reach $10,000–$15,000 or more. Complex cases or premium processing increase budgets further. I advise budgeting for the full process, not just government fees, to avoid surprises.

Can employers sponsor work visas directly?

Yes, most U.S. work visas and green cards require active employer sponsorship. For example, H-1B and L-1 visas, as well as most employment-based green cards, can only be obtained when the employer initiates the process, submits all supporting documents, and ensures compliance with government audits or follow-up requests. Only a few categories (like certain extraordinary ability visas) allow for self-sponsorship.

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