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Being in the US under a nonimmigrant visa does not reduce the waiting time for an immigrant visa to become available, but if your goal is to get to the US sooner, then it may be more desirable. Consular processing waiting times at the US Embassy may vary from country to country, but they are still generally faster than processing times at USCIS Field Offices for Adjustment of Status.
The US employer must first obtain a “labor certification” from the US DOL in connection with the job opening. Once the certification is issued, the US employer must then file the immigrant petition with the USCIS. Then once this petition is approved, and if a visa number is currently available, then the foreign national may apply for the visa either thru Consular Processing if located abroad, or thru Adjustment of Status if lawfully present in the US.
It depends on the foreign national’s country of origin and the qualifications of the job. Positions that require a bachelor’s degree usually have a longer waiting time than those that require a master’s degree. Processing times may vary between a few months, to several years.
A foreign national who desires to work for a US employer must go through the usual recruitment and job-hunting process.
It is an immigrant visa to allow a foreign national to live and work in the US, because of an approved petition filed by the foreign national’s US-based employer who has hired the foreign national because he or she is qualified to perform a job where there are no sufficient US workers willing and qualified to perform it.
If the foreigner is in the US under another visa, such as an H-1B “working” visa, Adjustment of Status may be desirable to avoid the expenses of travel. However, entering the US on a tourist visa with the purpose of adjusting status is not advisable. In these and other circumstances, Consular Processing is preferable and is often faster than Adjustment of Status.
The US citizen or green card holder relative must file a petition in the US, which must be approved first by the USCIS. Depending on where the foreigner relative is located, he or she may apply for the visa abroad visa Consular Processing or in the US via Adjustment of Status.
It depends on the relationship between the petitioner and the foreigner, and this relationship determines the preference category, each with its own waiting time. For example, Immediate Relatives can get their green card between 6 months and 1 year, whereas brothers or sisters under a Preference petition, depending on the country of origin, may have to wait up to 20 years to get their green card.