EMPLOYMENT-BASED 

VISAS 

An unusually high number of employment-based immigrant visa numbers were available in Fiscal Year (FY) 2021. 

USCIS was able to ramp up processing and approve more than 175,000 employment-based adjustment of status 

applications, an increase of more than 50% above our typical workload of 115,000 a year despite pandemic-related 

capacity restrictions. This still left almost 65,000 available employment-based visa numbers unused at the end of FY 

2021. We have undertaken a careful study of what happened, and taken steps to help ensure that future immigrant 

visa allotments do not go unused. 

In February 2021, President Biden rescinded the entry ban on immigrant visa applicants abroad, 

which if left in place would have led to even more unused immigrant visas in FY 2021. 

By July 2021, we eliminated a “frontlog” of 1 million unopened applications awaiting initial 

processing by expanding stafÿng and overtime at our Lockbox facilities. 

We began reusing biometrics previously provided by adjustment of status applicants whenever we 

can. Thus, reducing pending appointments from 1.4 million in January 2021 to 155,000 as of 

September 30, 2021. 

We proactively identiÿed and contacted applicants who were missing the Form I-693, Report of 

Medical Examination and Vaccination Record, and temporarily extended the validity period for Form 

I-693 from two to four years.

We prioritized the processing of employment-based adjustment of status applications, including 

approving overtime, while preserving the integrity of the immigration system and continuing to serve 

other applicants and petitioners. 

The employment-based visa process 

After obtaining an approved employment-based immigrant visa petition, there are two ways to become a 

Lawful Permanent Resident (LPR), also known as obtaining a Green Card, through an employment-based 

preference category. 

Noncitizens may seek LPR status through adjustment of status in the United States or consular processing 

of an immigrant visa with the U.S. Department of State (DOS) overseas. 

The process generally begins with the adjudication of an immigrant visa 

petition ÿled on behalf of the noncitizen with USCIS. For some categories, the 

process begins with the ÿling of a permanent labor certiÿcation application with 

the U.S. Department of Labor (DOL). 

The petition may be ÿled by a prospective employer, or in some cases by the 

noncitizen on their own behalf. 

Noncitizens who are physically present in the United States and seek to adjust 

status to that of an LPR may ÿle Form I-485 based on a pending or approved 

immigrant visa petition, depending on the employment-based preference 

classiÿcation. Noncitizens living abroad, or who seek an immigrant visa abroad, may 

submit an online Visa Application with DOS (Form DS-260) after approval of the 

immigrant visa petition. 

Since Congress has established numerical limits on the number of visas that may 

be issued in the employment-based categories, a noncitizen may only become an 

LPR in these categories if a visa is available to them based on their speciÿc 

immigrant category, country, and priority date. There are 5 preference categories 

for employment-based visas. 

A noncitizen's priority date is generally the date that the immigrant visa petition is 

properly ÿled with USCIS. If a labor certiÿcation is required, the priority date is the 

date that DOL accepts the labor certiÿcation application for processing. 

The applicant must provide the required biometrics, health information, and other 

supporting evidence and meet all other eligibility requirements to be approved for 

adjustment of status or an immigrant visa. 

If pursuing an immigrant visa with DOS: 

The noncitizen must ÿrst 

complete the initial processing 

of their application with the 

National Visa Center. 

Then, DOS schedules them for an 

interview at a consular post and 

provides guidance for obtaining a 

medical examination. 

If DOS approves the visa 

application, they will place the 

immigrant visa on a page in the 

noncitizen’s passport. 

The noncitizen must then pay the 

USCIS Immigrant Fee for the 

production of the Permanent 

Resident Card (Green Card). 

When the noncitizen arrives at the 

United States, they present their 

passport and immigrant visa to 

U.S. Customs and Border 

Protection (CBP) and request 

admission as an LPR. 

If CBP admits the noncitizen as 

an LPR, then the noncitizen is an 

LPR and will receive their Green 

Card in the mail after paying the 

USCIS Immigrant Visa fee. 

If adjusting status through USCIS: 

The noncitizen must be physically 

present inside the United States 

and the entire process is 

completed domestically. 

The noncitizen may be required 

to appear for an interview at 

their local USCIS ofÿce. 

After USCIS approves their 

application for adjustment of 

status, they immediately become 

an LPR, and they will receive 

their Green Card in the mail. 

Typically,83%

of employment-based 

immigrants pursue 

adjustment of status 

with USCIS, while 17%

consular process with the 

Department of State.