Immigrant Visa Categories
Four major principles underlie U.S. policy on legal and permanent immigration: (1) reunification of families, (2) admission of persons with needed skills, (3) protection of refugees, and (4) diversity of admissions by country of origin.
|
1. IMMEDIATE RELATIVES
| Unlimited Number of Visas |
|
Spouses, Parents, Children of U.S. Citizens (generally age 18 or older)
|
|
| 2. PREFERENCE CATEGORIES | Limited Number of Visas |
|
Family Sponsored
| 226,000 to 480,000 / year |
|
F1 - Unmarried Sons & Daughters of U.S. Citizens
|
23,400 + unused F4
|
|
F2A - Spouses & Children (under age 21) of Lawful Permanent Residents
|
87,934 + unused above
|
|
F2B - Unmarried Sons & Daughters (over 21) of Lawful Permanent Residents
|
26,266 + unused above
|
|
F3 - Married Sons & Daughters of U.S. Citizens
|
23,400 + unused above
|
|
F4 - Brothers & Sisters of U.S. Citizens
|
65,000 + unused above
|
Employment Based
|
140,000 visas / year |
| EB-1 Priority Workers | 40,000 + unused EB4, EB5
|
Labor Certification NOT required | |
| EB-2 Advanced Degree Professionals and Persons with
Exceptional Ability | 40,000 + unused EB1 |
-
Masters and doctoral degree holders, or equivalent
-
Bachelor’s degree plus 5years of progressive experience
-
Exceptional ability in sciences, arts, or business and will substantially
benefit the U.S.
-
Note: Job offered must require advanced degree or bachelors degree+5 years of
experience
|
| |
For a summary and comparison of Labor Certification exempt categories click here |
| EB-3 Skilled Workers / Basic Degree Professionals
Other Workers | 40,000 + unused EB1, EB2
|
- Skilled Workers: At least 2 years' training, experience, education
- Degreed Professionals: Bachelor's degree in professional discipline
- Other Workers: Less than 2 years' training or experience [10,000 limit]
Labor Certification IS REQUIRED
|
| EB-4 Special Immigrants | 10,000 |
-
Religious ministers and certain other religious worker.
-
Certain U.S. government employees abroad, certain international organization
employees, certain Panama Canal Zone employees
Labor Certification NOT required
|
| EB-5 Employment Creation (Investors) | 10,000 |
-
Minimum of $1 million in capital in commercial enterprise; must employ 10 or more full-time U.S. Workers [7,000 visas/year limit]
-
In "targeted areas" $500,000 in capital required [3,000 visas/year limit]
Labor Certification NOT required
|
|
| 3. Refugees & Asylees | |
|
|
4. DIVERSITY VISA CATEGORY
| 50,000 Visas Available Annually |
-
Nationalities (based on country of birth) determined annually by U.S. Government
-
Annual, month-long, on-line/internet registration period conducted by U.S. Department of State
-
Selection is on an at-random basis
-
Applicants must have completed secondary school or have two years of experience in an occupation requiring two years or more for qualification in the occupation
-
Must meet all other, usual requirements for U.S. immigrant or permanent resident status.
A Note About Dependent Family Members Generally
In most cases, the spouse and/or any unmarried children under 21 years of age may be included in the "principal" applicant's request for permanent resident status, provided that the relationship to the principal applicant exists on the date of the principal's admission to the U.S. as a permanent resident.
A Note About Country Limits
To assure a heterogeneous mix of immigrants, the law places a ceiling or cap on the number of permanent visas that may be issued annually to natives of any one particular country. The limits are as follows:
| Foreign State Annual Limit |
7% of total Family and Employment visas (minimum of 25,620)
|
| Dependent Area Annual Limit |
2% of total Family and Employment visas (minimum of 7,320)
|