Immigrating to the United States is a significant step that can open the door to permanent residence and eventual citizenship Unlike temporary nonimmigrant visas immigrant visas are designed to provide lawful permanent resident status more commonly known as a green card Once granted a green card allows the holder to live and work in the United States indefinitely subject to compliance with US immigration laws
What this article is about This guide explains the main US immigrant visa categories available for individuals and sponsors It covers family based immigration employment based routes adoption special immigrant visas and the Diversity Visa Lottery Each section outlines eligibility the application process and key considerations for sponsors and applicants By the end you will have a structured overview of the lawful pathways to permanent residence in the United States
Immigrant visas are highly regulated with the United States Citizenship and Immigration Services USCIS the Department of State and the National Visa Center NVC each playing a role in processing applications Timelines eligibility and requirements vary across categories so identifying the correct route is the starting point for a successful application For numerically limited categories visa availability is governed by statutory annual caps per country limits and priority dates published monthly in the Department of State Visa Bulletin USCIS also announces which of the Bulletins two charts Dates for Filing vs Final Action Dates apply to adjustment of status filings in a given month
Section A Family Based Immigration
Family based immigration is one of the most common pathways for individuals to obtain permanent residence in the United States It allows US citizens and lawful permanent residents green card holders to sponsor eligible relatives for immigrant visas The system is structured to prioritise close family ties while also providing limited opportunities for extended family sponsorship
1 Immediate Relatives of US Citizens
The highest priority is given to immediate relatives of US citizens This category is not subject to annual visa caps meaning there is no numerical limit on the number of visas available each year Immediate relatives include
- Spouses of US citizens
- Unmarried children under the age of 21 of US citizens
- Parents of US citizens where the sponsoring child is at least 21 years old
Because there are no annual limits applications for immediate relatives typically face shorter waiting times compared to other family based categories
2 Family Preference Categories
For relatives outside the immediate relative category the US immigration system operates under family preference tiers each with annual visa limits and per country caps These categories include
- F1 Unmarried sons and daughters age 21 or older of US citizens
- F2A Spouses and unmarried children under 21 of lawful permanent residents
- F2B Unmarried sons and daughters age 21 or older of lawful permanent residents
- F3 Married sons and daughters of US citizens
- F4 Brothers and sisters of US citizens where the sponsoring US citizen is at least 21 years old
Family preference visas are subject to long waiting times due to demand annual quotas and the 7 per country limit Priority dates determined by the date the petition was filed play a central role in when visas become available
3 Petition Process Affidavit of Support and Filing Stage
The process begins with the US citizen or lawful permanent resident sponsor filing Form I 130 Petition for Alien Relative with USCIS to establish the qualifying relationship If the beneficiary is outside the United States NVC processing follows and the immigrant completes the DS 260 online immigrant visa application before a consular interview If the beneficiary is lawfully in the United States and a visa is available they may seek adjustment of status by filing Form I 485 with USCIS
Sponsors must also meet financial requirements to ensure the immigrant does not become a public charge In most family cases the sponsor submits Form I 864 Affidavit of Support a legally enforceable undertaking to maintain the immigrant at or above the applicable income threshold Joint or substitute sponsors may be needed where the primary sponsor cannot meet the income requirement
4 Priority Dates and Visa Bulletin
For family preference categories applicants must track the Department of States Visa Bulletin which is updated monthly The Bulletin provides both the Final Action Dates chart which controls green card approvals and the Dates for Filing chart which may allow applicants to submit forms earlier if USCIS confirms it applies Waiting times can range from several months to many years depending on the visa category and the applicants country of origin
Section A Summary
Family based immigration provides a route for close relatives of US citizens and permanent residents to settle permanently in the United States Immediate relatives benefit from faster processing as they are not subject to numerical limits while family preference categories face annual quotas and often lengthy waiting times The process centres on filing Form I 130 and where applicable monitoring the Visa Bulletin for priority date progression Understanding which family category applies is critical to navigating this route successfully
Section B Employment Based Immigration
Employment based immigrant visas provide a pathway to permanent residence for individuals with valuable skills professional qualifications or investment capital These visas are grouped into preference categories EB 1 through EB 5 each with specific eligibility criteria While employment based visas are subject to annual quotas and per country limits they remain a vital route for attracting talent and investment into the United States
1 EB 1 Priority Workers
The EB 1 category is reserved for individuals of extraordinary ability outstanding professors and researchers and certain multinational executives and managers Applicants in this category may sometimes self petition particularly those with extraordinary ability meaning they do not require employer sponsorship EB 1 petitions often benefit from faster processing compared to other employment based categories
2 EB 2 Professionals with Advanced Degrees or Exceptional Ability
The EB 2 visa is for professionals holding advanced degrees or individuals with exceptional ability in the sciences arts or business Generally a job offer and labour certification PERM are required However in cases where the applicants work is deemed to be in the national interest a National Interest Waiver NIW may be granted allowing them to self petition without an employer sponsor
3 EB 3 Skilled Workers Professionals and Other Workers
This category includes skilled workers requiring at least two years of training or experience professionals with a bachelors degree or equivalent and other workers for positions requiring less than two years of training Labour certification is usually required Demand is high and the other workers subcategory faces an additional annual cap of 10000 visas leading to particularly long waiting times
4 EB 4 Special Immigrant Workers
The EB 4 category covers a wide range of applicants including religious workers certain broadcasters employees of US foreign service posts retired employees of international organisations and certain Afghan and Iraqi nationals who assisted the US government Each group within EB 4 has its own requirements and numbers are capped annually
5 EB 5 Immigrant Investor Program
The EB 5 visa is designed for investors who make a qualifying investment in a new commercial enterprise that creates at least 10 full time jobs for US workers As of statutory reforms under the EB 5 Reform and Integrity Act the minimum investment thresholds are
- $1050000 for standard investments
- $800000 for investments in a Targeted Employment Area TEA or infrastructure project
EB 5 is a direct route to permanent residence for those able to meet the investment and job creation requirements Visas are allocated both generally and through set asides for rural high unemployment and infrastructure projects
6 Labour Certification PERM
For most EB 2 and EB 3 applicants labour certification through the Program Electronic Review Management PERM process is required This involves the sponsoring employer demonstrating that there are no qualified US workers available for the position and that employing the foreign worker will not adversely affect the wages or working conditions of US workers in similar roles The PERM process requires strict compliance with recruitment and filing rules
Section B Summary
Employment based immigrant visas provide structured routes for workers professionals and investors to achieve permanent residence in the United States The EB 1 and EB 2 categories are designed for high level talent while EB 3 supports skilled and unskilled roles in demand EB 4 provides for special groups such as religious workers and EB 5 facilitates investment driven immigration with statutory minimums and job creation requirements Most applicants must navigate the PERM labour certification process but categories such as EB 1 extraordinary ability and EB 2 national interest waivers provide more flexibility Careful alignment of qualifications and sponsorship is essential to succeed in this route
Section C Adoption Immigration
US immigration law provides pathways for US citizens to bring adopted children from abroad to live permanently in the United States Adoption immigration is highly regulated to protect the best interests of the child prevent exploitation and ensure compliance with both US and international law The process depends on whether the child is adopted from a country that is a party to the Hague Adoption Convention or from a non Hague country
1 Hague Adoption Convention Process
The Hague Adoption Convention provides an international framework for intercountry adoptions focusing on ethical practices and safeguards for children If the childs country of origin is a party to the Hague Convention the adoption must proceed through this system
Key requirements include
- The US citizen parent must work with an adoption agency accredited by the US government
- The process begins with filing Form I 800A Application for Determination of Suitability to Adopt a Child from a Convention Country
- Once matched with a child the prospective parents file Form I 800 Petition to Classify Convention Adoptee as an Immediate Relative
- The adoption must be approved by both the sending country and US authorities before the child can enter the United States
Children adopted from Hague countries typically enter the US on an IH 3 or IH 4 visa depending on whether the adoption is completed abroad or in the United States
2 Non Hague Orphan Process
If the childs country of origin is not a Hague Convention country the adoption process follows the orphan process
Key steps include
- Filing Form I 600A Application for Advance Processing of an Orphan Petition to establish suitability to adopt
- Filing Form I 600 Petition to Classify Orphan as an Immediate Relative after being matched with a child
- The child must meet the legal definition of an orphan under US law meaning either both parents have died disappeared or abandoned the child or a single parent is unable to provide care
Non Hague cases require coordination with foreign courts and local adoption procedures alongside USCIS approval Adopted children in these cases typically enter on an IR 3 or IR 4 visa depending on whether the adoption was finalised abroad or will be completed in the United States
3 Role of USCIS and the Department of State
USCIS reviews petitions to confirm eligibility of both the adoptive parents and the child The Department of State manages visa issuance through US embassies and consulates abroad Coordination between the two agencies ensures that the adoption meets all legal and procedural requirements before the child enters the United States on an immigrant visa
Section C Summary
Adoption immigration provides US citizens with the ability to bring children from abroad into their families while ensuring compliance with domestic and international safeguards The Hague Adoption Convention applies to children from Convention countries requiring accredited agencies and strict approvals The non Hague orphan process is available for children from non Convention countries subject to US legal definitions of orphan status In both cases children typically enter the United States on IH or IR series immigrant visas and coordination with USCIS the Department of State and foreign authorities is essential
Section D Special Immigrant Diversity Visas
In addition to family and employment routes the US immigration system provides a number of specialised visa categories These include the Special Immigrant Visa SIV programme which covers applicants in unique circumstances and the Diversity Visa DV Lottery which allocates visas to individuals from countries with historically low immigration rates to the United States
1 Special Immigrant Visa Categories
The Special Immigrant Visa route provides a pathway for specific groups of individuals including
- Religious workers entering the United States to work in a religious vocation or occupation
- Certain Afghan and Iraqi nationals who worked with or on behalf of the US government including interpreters translators and contractors under legislatively created SIV programmes
- Employees of international organisations and certain retired employees of NATO or other qualifying entities
- Special juvenile immigrants covering children in the United States who have been abused neglected or abandoned and who require the protection of US immigration law
Each subcategory has distinct eligibility requirements and numerical limitations some of which are temporary or capped annually by statute
2 Diversity Visa DV Lottery Overview
The Diversity Visa Lottery is an annual programme that allocates up to 55000 immigrant visas to applicants from countries with low rates of immigration to the United States The programme is designed to promote diversity among immigrant populations and is administered by the Department of State
Applicants must register during the designated entry period which usually takes place once a year Winners are selected randomly through a computer generated draw
3 Eligibility Requirements for the DV Lottery
To qualify for the Diversity Visa Lottery applicants must
- Be a native of a country eligible under the programme countries with high rates of US immigration are excluded each year by statute
- Possess at least a high school education or equivalent or have two years of qualifying work experience within the past five years in an occupation that requires at least two years of training or experience
Meeting these requirements is critical as selection does not guarantee issuance of a visa Applicants must still pass medical examinations background checks and security screenings and complete the immigrant visa process within the same fiscal year
4 Application Process and Annual Limits
Applicants apply online through the official Department of State portal using the Electronic Diversity Visa E DV system No paper submissions are accepted and there is no fee to enter the lottery Winners must then follow the immigrant visa process including submission of the DS 260 form and consular interviews to secure a green card
Although up to 55000 visas are available annually more selectees are chosen than visas available to ensure full usage This creates competition and some selectees will not receive visas even if initially selected
Section D Summary
The Special Immigrant Visa programme serves individuals in unique categories such as religious workers Afghan and Iraqi nationals who aided the US government and certain international organisation employees The Diversity Visa Lottery by contrast provides an annual opportunity for individuals from underrepresented countries to secure permanent residence in the United States subject to education or work requirements and strict annual quotas Both routes are tightly regulated with specific eligibility rules and numerical caps
FAQs
What is the difference between an immigrant and a nonimmigrant visa
An immigrant visa grants lawful permanent residence in the United States commonly known as a green card allowing the holder to live and work indefinitely A nonimmigrant visa by contrast permits temporary entry for specific purposes such as study tourism or work but does not lead directly to permanent residence
How long does the US immigrant visa process take
Processing times vary significantly depending on the visa category Immediate relatives of US citizens may receive visas in under a year while applicants in family preference categories can face waiting times of many years due to annual quotas and per country limits Employment based visas are also subject to processing delays particularly EB 2 and EB 3 while Diversity Visa selectees must complete the process within the fiscal year they are chosen
Can I apply for more than one immigrant visa category
It is possible to qualify for multiple categories but applications must be pursued separately and meet the eligibility requirements of each route For example an individual might be eligible for both a family based visa and an employment based visa However only one immigrant visa or adjustment of status application may ultimately be approved for each applicant
Do Diversity Visa winners get green cards immediately
Winning the Diversity Visa Lottery does not guarantee a green card Selectees must still undergo consular processing including submission of the DS 260 form security checks medical examinations and interviews Only after completing these steps and securing an immigrant visa will they receive permanent resident status upon entry to the United States
What documents are required for immigrant visas
The required documentation depends on the visa category but generally includes
- An approved petition eg Form I 130 for family based Form I 140 for employment based or I 600I 800 for adoption cases
- Civil documents such as birth and marriage certificates
- Police clearance certificates from each country of residence
- Medical examination results from authorised physicians
- Evidence of financial support such as Form I 864 Affidavit of Support for most family cases
Applicants should also review instructions from the National Visa Center NVC and the US consulate handling their case for category specific requirements
Conclusion
Immigrant visas provide structured and lawful routes for foreign nationals to establish permanent residence in the United States Whether through close family ties employment and investment adoption or specialist categories such as the Special Immigrant Visa programme and Diversity Visa Lottery each pathway carries distinct eligibility rules and application processes
For family members of US citizens and permanent residents the system prioritises immediate relatives while family preference applicants face strict quotas and long waiting times Employment based visas balance national needs for skilled professionals priority workers and investors with the PERM process playing a central role in ensuring opportunities for US workers are protected Adoption visas safeguard the rights of children and prospective parents under both Hague and non Hague frameworks Special Immigrant Visas address unique cases such as religious workers and those who assisted the US government abroad while the Diversity Visa Lottery ensures wider representation in immigrant populations
Successful immigration to the United States requires careful planning accurate petitioning and compliance with USCIS the Department of State and the National Visa Center requirements Choosing the right visa category is the first step towards permanent settlement and ultimately US citizenship
Glossary
| Term | Definition |
|---|---|
| USCIS | United States Citizenship and Immigration Services the agency that adjudicates petitions and applications for immigration benefits |
| Green Card | The common term for a permanent resident card which allows a foreign national to live and work in the United States indefinitely |
| I 130 | Petition for Alien Relative filed by US citizens or lawful permanent residents to sponsor eligible family members for immigrant visas |
| I 140 | Immigrant Petition for Alien Worker typically filed by employers on behalf of foreign workers in employment based categories |
| PERM | Program Electronic Review Management the labour certification process that employers must complete for many EB 2 and EB 3 applications |
| EB Visa | Employment based immigrant visa category covering EB 1 priority workers through EB 5 investors |
| DV Lottery | Diversity Immigrant Visa Program an annual lottery allocating immigrant visas to applicants from underrepresented countries |
| IR Visa | Immediate Relative immigrant visa category for close relatives of US citizens not subject to annual caps |
| Affidavit of Support I 864 | A legally enforceable contract where a sponsor agrees to maintain the intending immigrant financially above a minimum income level |
| NVC | National Visa Center the agency that processes approved petitions collects fees and documents and schedules immigrant visa interviews abroad |
Useful Links
| Resource | Link |
|---|---|
| USCIS Green Card Information | httpswwwuscisgovgreen card |
| US Department of State Immigrant Visa Overview | httpstravelstategovcontenttravelenus visasimmigratehtml |
| USCIS Family Immigration | httpswwwuscisgovfamily |
| USCIS Employment Based Immigration | httpswwwuscisgovworking in the united statespermanent workers |
| Adoption Intercountry Process US Department of State | httpstravelstategovcontenttravelenIntercountry Adoptionadopthtml |
| Diversity Visa Lottery Information | httpstravelstategovcontenttravelenus visasimmigratediversity visa program entryhtml |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.