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Why Does U.S. Employment-Based Immigration Take So Long?

Published: 2026.06.10


The reason permanent residency is taking so long isn’t due

to the processing speed, but rather the structure of the system . When I consult with clients on employment-based immigration, one of the most common questions I hear is:

““Why does it take so long to get a green card?”

In particular, those exploring the EB-2, EB-3 Skilled Worker, EB-3 Professional, and EB-3 Unskilled Worker categories for the first time are often quite surprised by the longer-than-expected processing times. It’s hard to understand why they have to wait several years when the company has decided to hire them, the applicant meets the eligibility requirements, and all necessary documents have been prepared.

In fact, many people attribute the delays in employment-based immigration simply to USCIS backlogs or the speed of administrative processing. Of course, these factors do play a role. However, there is a more fundamental reason why employment-based immigration takes so long.

This is because the U.S. employment-based immigration system was not designed from the outset to grant approvals quickly, but rather to simultaneously achieve two goals: protecting the U.S. labor market and selecting immigrants.

In other words, employment-based immigration is not merely a procedure for bringing someone to the U.S.; it is more akin to a process in which the U.S. government spends several years verifying “why this person should be granted a green card.”

■ Employment-Based Immigration Is Not

a Simple Hiring Process Many people view employment-based immigration as an extension of corporate hiring.

They understand it as a process where a company recruits the talent it needs and the government approves it. However, the U.S. government does not view employment-based immigration as a simple hiring matter.

From the U.S. government’s perspective, a green card is not merely a work permit. Permanent residency is a very powerful legal status that includes long-term residence, the freedom to work, the ability to sponsor family members, and the potential to obtain citizenship.



For this reason, the U.S. government does not approve permanent residency simply because “this company wants this person.” Instead, it reviews the following questions step by step:

- Is this position truly necessary?
- Could a U.S. citizen have been hired instead?
- Does the employer actually have the ability to pay the wages?
- Is the applicant qualified to perform the job?
- Does granting permanent residency align with the U.S. labor market and the national interest?

The reason employment-based immigration takes so long is precisely because different agencies each verify the answers to these questions.

■ U.S. Employment-Based Immigration Is Reviewed

by Multiple Government Agencies The first thing to understand about the employment-based immigration process is that it is not administered by a single agency.

Many people assume that the U.S. Citizenship and Immigration Services (USCIS) handles the entire process, but this is not the case.

First, the U.S. Department of Labor (DOL) conducts a review from a labor market perspective.

After that, U.S. Citizenship and Immigration Services (USCIS) reviews the eligibility of the applicant and the employer.

Finally, the U.S. Department of State (DOS) allocates green card numbers and manages visa issuance.

In other words, it is not a structure where a single application is reviewed by a single adjudicator, but rather one in which multiple government agencies sequentially review the application based on different criteria.

At some stages, the labor market is the key factor; at others, the applicant’s eligibility is paramount; and at still others, the availability of legally allocated green card numbers becomes critical.

This multi-layered structure itself is the primary reason for the lengthy processing times.

■ LC Is a Process

for Americans, Not Foreign Nationals One of the stages that takes the most time in employment-based immigration is the LC (Labor Certification).

Many applicants have questions about this process:

“The company has already decided to hire me, so why do they have to post a job ad?”

However, the purpose of the LC is not to vet the applicant.

The U.S. Department of Labor must first protect American workers.

Therefore, employers must post job advertisements for the position in question, review applications from American candidates, and demonstrate the necessity of hiring a foreign national.

Interestingly, the Department of Labor’s primary focus at this stage is not the applicant.

Rather, it is the U.S. labor market.

In other words, the LC is not a process for foreign nationals but for U.S. workers, and this is why the first hurdle in employment-based immigration takes so long.

■ Form I-140 Is Not Merely a Filing but a Full-Fledged Eligibility Review

Once the LC is approved, many applicants believe the most difficult stage is over.

However, from a practical standpoint, it is more accurate to view the I-140 stage as the true beginning of the immigration review process.

During the I-140 process, U.S. Citizenship and Immigration Services (USCIS) comprehensively reviews the applicant’s education and work experience, the employer’s financial capacity, and whether the job requirements are met.

In particular, there is one aspect that many people overlook: USCIS evaluates not only the applicant but also the employer.

They verify whether the company actually has the ability to pay the specified salary, whether the business is operating stably, and whether the submitted documents are logically consistent.

Therefore, even after an LC is approved, it is not uncommon for an I-140 to result in a Request for Evidence (RFE) or require additional clarification.

This is because review standards vary depending on the agency.

■ The Longest Wait Is

Not the Review, but the “Visa Bulletin” Many people believe that the reason employment-based immigration takes so long is due to a backlog in processing.

However, in recent years, the biggest variable in employment-based immigration has not been the review itself, but the Visa Bulletin.

The United States legally limits the number of employment-based green cards that can be issued each year.

In other words, even if all the reviews are complete, you cannot receive a green card immediately.

Final approval is only possible if a green card number is available.

To put it simply, this can be compared to college admissions.

Just as passing an entrance exam does not guarantee immediate admission—you must be within the set enrollment quota to be finally admitted—the same principle applies here.

In the EB-3 unskilled worker category in particular, the wait for a visa number can account for a significant portion of the total processing time.

In fact, some applicants wait several years for a visa number even after both their Labor Certification (LC) and I-140 have been approved.

■ A long wait also means

high demand. An interesting fact is that while many people are frustrated by the long wait times, they still choose U.S. employment-based immigration.
The reason is simple:

the value of a green card is that high.

If U.S. permanent residency were issued in just a few weeks, it would be difficult for it to maintain the same level of scarcity and stability it has today.

The U.S. has the world’s largest economy, and a green card grants the right to live and work freely within that market.

Naturally, demand is bound to continue rising.

On the other hand, the number of green cards is limited by law.

Ultimately, the growing waiting list may simply be a natural consequence.

■ Therefore, what matters is not

“how quickly it gets approved” When consulting on employment-based immigration, I often get asked, “Is it too late to start now

?”

Interestingly, the common factor among those who actually received their green cards first is not a special background or luck.

For most, it’s simply that they started a little earlier.

The most difficult factor to reduce in employment-based immigration is time.

Waiting periods for the Labor Certification (LC), visa category availability, and visa numbers cannot be easily shortened even with money.



That’s why, in employment-based immigration, “When should I start?” is often a more important question than “When will it be approved?”
■ Employment-Based Immigration Is

a Long-Term Project , Not a Sprint The U.S. employment-based immigration system is inherently designed to take time.

The Department of Labor protects the U.S. labor market, U.S. Citizenship and Immigration Services (USCIS) verifies applicants and employers, and the Department of State manages the limited number of green cards.

Only after all three of these processes are complete is a green card issued.

Therefore, the fact that employment-based immigration takes a long time is not an anomaly but a characteristic of the system itself.

Ultimately, success in employment-based immigration is not determined simply by submitting documents.

Rather, it favors those who understand this lengthy process, maintain realistic expectations, and prepare consistently.

A green card is not something that can be obtained overnight. It is a right earned after years of verification and waiting.

And that is precisely why U.S. permanent residency continues to hold such high value for so many people today. 상담 전화 연결



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