In theory, almost any U.S. job or company could sponsor a non-citizen for an employment-based visa or green card to immigrate to the United States. The practical reality, however, is that certain jobs might end up not meeting the certification requirements for lawful permanent residence, and many employers won't want to go through the effort involved.
While there is no actual list of types of jobs that qualify for an employment-based immigrant visa, applicants' qualifications must fit within certain visa categories. Even when they do, however, the procedural requirements are time-consuming and complicated, and basically mean the employer will need to hire an attorney (though larger companies often have one on staff). Unless an employer is especially keen to bring you on board, it might not be willing to invest the time and resources needed.
Let's take a closer look at the concerns for employers (and thus you, as a foreign national) and how to maximize your chances of getting a job offer that will successfully lead to a U.S. green card.
Why Your Prospective Employer Might Hesitate to Go Through Labor Certification Process
If the job you are being considered for does, in fact, fit a category of visa, the next step for an employer that's willing to sponsor you, even before contacting U.S. immigration authorities, would be to go through a Department of Labor (DOL) certification process known as "PERM."
The U.S. government created the PERM process to ensure that domestic U.S. workers are not harmed or disadvantaged by a U.S. employer's use of immigrant labor. The employer must be able to show that there are no workers already in the United States who are qualified, available, and willing to take the position that an immigrant will fill.
To prove this, the employer must actually attempt to recruit U.S. workers for the open position: create a job description, interview candidates (and find valid reasons to reject them), and prepare a recruitment report to submit to the DOL. If the DOL finds that even one U.S. worker was qualified, available, and willing to take the position at the "prevailing wage" (the average wage paid to a similar worker in the same area), yet the employer passed that person over in order to hire the immigrant, it will deny the PERM application. That would be the end of your chances of immigrating through that employer and that job, and there's unfortunately little you can do at this point other than wait.
Certain types of jobs, known as "Schedule A" occupations, are exempt from the PERM requirement, and are therefore more likely to lead to an employment-based visa. The first group on Schedule A is for physical therapists and professional nurses; and the second is for people with exceptional ability in the arts and sciences, including university professors.
So-called "special immigrants" also do not have to go through the PERM process, including religious workers, employees of the U.S. foreign service, and more.
What Your U.S. Employer Would Undertake in the Immigration Petition Process
The PERM application is not the end of the process. After DOL approves it (or if no labor certification was required in the case), the employer would need to file a visa petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the potential employee (the "beneficiary"). The employer must pay all fees associated with the petition, which can be over a thousand dollars (on top of the fees usually paid to attorneys to complete the petition).
Once USCIS approves the petition, the beneficiary might, depending on level of education and country of origin, face a long wait before an immigrant visa becomes available (due to annual limits). The current wait times for employment visas are published in the State Department Visa Bulletin every month, based on the "Priority Date" (the date when the PERM request for labor certification was submitted). Workers from India often wait nearly ten years. Nationals from China and the Philippines also frequently have to wait several years to be able to get an employment-based visa and green card.
Final Steps in Getting a Green Card Add Time and Expense
Once the PERM certification and visa petition are approved, any waiting period is done with, and a visa becomes available, the potential employee can finally apply for a U.S. green card.
An employee who is already in the United States and in legal status should be able to apply without leaving the country, in a process known as adjustment of status. An employee who is not currently in the U.S., or in the U.S. but not in legal status, will have to apply through what's known as consular processing at a U.S. embassy or consulate abroad and then receive an immigrant visa with which to enter the United States.
If the U.S. government finds any reason that the applicant is inadmissible to the U.S. (for example, a criminal record or health-related grounds), the green card will not be approved. Don't attempt to hide grounds of inadmissibility; they're likely to be found out eventually, and a lie creates huge problems for your immigration prospects. If feeling uncertain, you might want to consult a separate attorney from the one your prospective employer has hired for you, and have a confidential conversation.
How to Best Position Yourself If Seeking a Job in the U.S.
While any job or employer could potentially sponsor an immigrant for an employment-based green card, you can see that the cost, uncertainty, and wait times of the petition process create a situation in which larger employers with more resources are much more likely to willingly embark on this. Larger employers can often better absorb the cost if the petition is not approved for any reason.
Furthermore, certain employers may rely more heavily on immigrant workers and therefore have more experience sponsoring them. These employers might already have immigration attorneys on staff or immigration firms that regularly work for them, who can make the application process easier.
Finally, certain educational and occupational backgrounds are more in demand in the United States. The more you can develop and match skills that are in demand, the greater the likelihood that a U.S. employer will be willing to sponsor you. Because of the shortage of workers in the science, technology, engineering, and math (also referred to as "STEM") fields in the U.S., an employer might be more likely to sponsor an immigrant with relevant training.
Medical workers (including nurses and doctors) are also in high demand, and therefore have a better chance at being sponsored for a visa to immigrate to the United States.
Do You Need to Hire a Lawyer?
It could be worth your time to hire an attorney for a consultation, at least. Once you find a prospective job with an employer that wishes to sponsor you, that employer will likely hire an attorney to manage the process.