A Stratified Premium: The Hierarchy of Waiting for Employment-Based Lawful Permanent Residence

Executive Summary For many non-immigrants in the United States, adjusting one’s legal status to lawful permanent residence through employment-sponsorship is a unique and attractive pathway to permanent residence and prospective citizenship in the United States. However, amidst an uncertain future for non-immigrant temporary work visas, tech layoffs, and stalled legislative immigration reform, many non-immigrant visa-holders are leaving the United States and taking their talent with them. This paper specifically examines visa and immigration processing delays for employment-sponsored adjustments of status to lawful permanent residence in the United States between 2007 and 2019. Based on descriptive analysis and discrete time event history models of data posted to an online immigration forum I call “Immigration Journey,” I document how immigrant visa-holders’ waiting in the U.S. immigration bureaucracy for employment-based immigrant visa processing reflects and reproduces racial, educational, and socioeconomic hierarchies and inequities. I find that immigrants from countries of origin with smaller populations, higher skill levels, and those able to pay for premium processing have higher likelihoods of a quick adjustment of status decision. Conversely, immigrants from countries of origin with larger populations or those with lower skill levels are left waiting longer for their adjustment of status decisions — even when they pay for premium processing of their petition for an immigrant visa. Based on this finding, I introduce the concept of a hierarchy of waiting to illustrate the ways in which legislation and inequitable administrative policies in U.S. immigrant visa processing become mechanisms of waiting. By doing so, this paper makes a theoretical contribution for understanding stratification within the employment-based immigrant visa pathway and highlights how this hierarchy of waiting exacerbates inequalities in immigration more broadly. The empirical findings and conceptualization of a hierarchy of waiting inform policy recommendations for: 1. legislative reform of country caps for lawful permanent residence; 2. legislative reform of preference category caps for lawful permanent residence; 3. increased funding for United States Citizenship and Immigration Services (USCIS) processing; and 4. increased transparency and communication of USCIS processes. Such policy changes would make immigrant visa availability and USCIS processing more equitable for future lawful permanent residents and citizens who are eligible to adjust their status through employment-based and other immigrant visa preference categories. Streamlined changes to the U.S. immigration legislation and administrative processes are critical for the United States’ future innovation and growth.