Green card pathways: Employment-based vs. family-based

Understanding the U.S. Green Card: An Overview for Sri Lankans

First, let’s clear up a common misconception: there are no special green card programs for Sri Lankan citizens. You follow the same U.S. federal immigration rules as applicants from most other countries. A green card grants you lawful permanent residence, and for most, it boils down to two distinct tracks: family-based sponsorship or employment-based sponsorship. Your path depends entirely on your circumstances: a connection through a relative or a specific job offer.

Family-Based Sponsorship: A Tale of Two Tiers

This path is all about relationships. U.S. citizens can sponsor a wider range of relatives, including parents, siblings, and married children, while permanent residents are limited to sponsoring spouses and unmarried children. The system is split into two tiers. Immediate Relatives of U.S. citizens (spouses, parents, and unmarried children under 21) face no annual visa limits. For instance, a U.S. citizen sponsoring a parent from Sri Lanka can often complete the process in 15 to 18 months. All other family relationships fall into preference categories, which are subject to annual caps and long waits determined by a “priority date.” A common mistake is underestimating these waits, which can span years, even decades.

Employment-Based Sponsorship: Your Skills are the Key

Here, a U.S. employer petitions for you based on your professional skills. Most categories, like the common EB-2 and EB-3, require a complex process called PERM labor certification. Your potential employer must prove to the Department of Labor that no qualified U.S. workers are available for the job. For example, a tech firm in California sponsoring a Sri Lankan data scientist would first advertise the position and document its recruitment efforts before filing Form I-140. This process is designed to protect the domestic labor market.

Insider Tip: While it’s possible for a family member’s company to sponsor you for a job, expect intense scrutiny from both USCIS and the DOL. They examine these applications closely to ensure the job offer is legitimate and not just a tactic to bypass the longer family-based queues.

The Family Route: Sponsoring Relatives for Permanent Residency

Now, you might be wondering how the family-based path compares to the complexities of employment sponsorship. Unlike the job-focused route, this pathway is built entirely on your relationship with a U.S. citizen or a lawful permanent resident (LPR). The sponsor’s status dictates who they can petition for. While a U.S. citizen can sponsor a spouse, child, parent, or sibling, an LPR’s sponsorship is limited to their spouse and unmarried children.

This process is split into two distinct tiers. First are Immediate Relatives of U.S. citizens—spouses, unmarried children under 21, and parents. This is the fast lane. There are no annual visa limits, meaning processing times are much shorter. For example, a petition for a parent can often be completed in 15 to 18 months from filing to visa issuance. Everyone else falls into Family Preference categories, which are subject to annual quotas. This is where the long waits begin. A U.S. citizen sponsoring a sibling from Sri Lanka, for instance, faces a backlog that can easily exceed a decade due to the priority date system.

Insider Tip: The Affidavit of Support is Non-Negotiable

A common mistake is underestimating the financial sponsorship requirement. Every family-based sponsor must file Form I-864, the Affidavit of Support, proving their income is at least 125% of the federal poverty guidelines for their household size. If you, as the sponsor, don’t meet this threshold, your petition will stall. You must find a qualified joint sponsor who agrees to take on this financial responsibility. Don’t wait until you receive a Request for Evidence to sort this out; line up a potential joint sponsor early if your income is borderline.

The Employment Path: Leveraging Your Skills for a Green Card

But wait — there’s more to consider. If family ties aren’t your route, your professional skills might be. The employment-based (EB) path is fundamentally a business transaction. It’s not about who you’re related to; it’s about what you can do for a U.S. employer. The entire process hinges on your U.S. employer successfully completing a PERM labor certification. This is a highly technical process meant to prove to the Department of Labor that no qualified U.S. workers are available for your specific job.

For many Sri Lankan professionals, the most common routes are the EB-2 (for those with advanced degrees or exceptional ability) and EB-3 (for skilled workers and professionals) categories. For example, a software architect from Colombo with a Master’s degree and five years of experience would be a classic EB-2 candidate. The employer files a Form I-140 petition on your behalf, but only after the PERM is approved. Be prepared for scrutiny; USCIS and the Department of Labor look very closely at these petitions, especially if a relative owns the sponsoring company, to ensure it’s a legitimate job offer and not a way to bypass family-based queues.

Professional Insights & Common Pitfalls

• Insider Tip: The job description is everything in a PERM application. It must be precise enough to justify your qualifications but not so restrictive that it unlawfully excludes U.S. workers. A poorly drafted description is the fastest way to a denial.
• Common Mistake: Assuming your employer is an immigration expert. Most are not. You will likely need to educate them on the process and advocate for retaining an experienced immigration attorney to handle the case. Don’t leave it to chance.

A Head-to-Head Comparison: Timelines, Costs, and Eligibility

Speaking of which, let’s break down the practical differences between these two paths. When it comes to timelines, the distinction is stark. For family-based petitions, being an immediate relative—like the Sri Lankan parent of a U.S. citizen over 21—is the fastest route. You could see a green card in 15 to 18 months because there are no annual visa limits. However, sponsoring a sibling places them in a preference category with a waiting line that often exceeds a decade due to backlogs. Employment-based timelines hinge on the specific EB category and the current priority dates for Sri Lanka, which are often favorable but can change without notice.

Financially, the burden shifts completely. In a family case, you, the sponsor, must prove you can support your relative by filing an Affidavit of Support (Form I-864) and meeting income levels at 125% of the poverty guidelines. Eligibility is based entirely on the proven family relationship. With employment-based petitions, the company shoulders the significant costs of the PERM labor certification and legal fees. Here, eligibility is all about professional merit—your degree, skills, and experience must match a specific job.

Insider Tip: A common pitfall is attempting to sponsor a relative through a business for a role they aren’t genuinely qualified for. Both USCIS and the Department of Labor heavily scrutinize these “family-as-employee” petitions to prevent applicants from simply bypassing the long family-based queues. Ensure the job offer is legitimate and the qualifications are solid.

Strategic Next Steps: Choosing the Right Pathway for Your Future

Your journey to a green card begins with one fundamental question: is your strongest asset a family tie or your professional skill set? For Sri Lankans, the answer dictates your entire strategy, as both pathways follow standard U.S. rules where your “country of chargeability” determines your place in line. This isn’t about finding a secret door; it’s about picking the right queue.

The Family-Based Reality

If you have a U.S. citizen spouse, parent, or child over 21, you are an immediate relative. This is the gold standard. There are no annual visa limits, and processing can be relatively swift—a green card for a parent, for instance, often takes 15 to 18 months. For all other family relationships, like siblings or adult children sponsored by citizens, you enter a preference category system with significant backlogs. Your sponsor must also prove financial stability by filing a Form I-864, showing an income at least 125% of the federal poverty guidelines.

The Employment-Based Calculation

This route hinges on a U.S. employer willing to sponsor you. For most common categories like EB-2 and EB-3, the employer must first complete a PERM labor certification, proving no qualified U.S. workers are available. Only then can they file Form I-140 on your behalf.

Insider Tip: Be cautious about a relative offering to sponsor you through their U.S. business. While possible, USCIS and the Department of Labor heavily scrutinize these petitions to ensure it’s a legitimate job offer, not an attempt to bypass long family-based waits. The burden of proof is high.

Consider two professionals from Kandy. One is a chef whose U.S. citizen brother sponsors him; he faces a wait that can exceed a decade. The other is a data scientist with an advanced degree who secures employer sponsorship under the EB-2 category; her path could be just a few years. The choice depends entirely on your unique circumstances.