Immigrating to the United States is a life-changing decision that can provide lawful permanent residence and, in time, the opportunity to apply for US citizenship. Unlike temporary nonimmigrant visas, immigrant visas are intended to confer permanent resident status, commonly known as a green card. A green card permits the holder to live and work in the United States indefinitely, subject to compliance with immigration laws.
What this article is about: This guide explains the principal US immigrant visa categories available to individuals and their sponsors. It covers family-based immigration, employment-based routes, intercountry adoption, special immigrant visas, and the Diversity Visa Lottery. Each section outlines eligibility, petition procedures, and considerations for applicants and sponsors. By the end, you will have a clear overview of the recognised pathways to permanent residence in the United States.
Immigrant visas are administered by multiple government bodies, including US Citizenship and Immigration Services (USCIS), the Department of State (DOS), and the National Visa Center (NVC). The requirements, timelines, and evidentiary standards vary across visa categories, so identifying the correct route is the critical first step. For numerically capped categories, visa availability depends on statutory annual limits, per-country quotas, and priority dates set out in the Department of State’s monthly Visa Bulletin. USCIS also confirms whether the “Dates for Filing” or “Final Action Dates” chart applies to adjustment of status applications in a given month.
Section A: Family-Based Immigration
Family-based immigration is one of the most widely used pathways for obtaining permanent residence in the United States. It allows US citizens and lawful permanent residents (LPRs) to sponsor eligible family members. The framework prioritises close family relationships while also permitting limited sponsorship of extended relatives under the family preference system.
1. Immediate Relatives of US Citizens
Immediate relatives of US citizens enjoy the most favourable treatment under immigration law. This group is not subject to annual visa caps, so there is no limit on the number of immigrant visas that can be issued each year. As a result, waiting times are generally shorter than in preference categories. Immediate relatives include:
- Spouses of US citizens
- Unmarried children under 21 of US citizens
- Parents of US citizens, provided the sponsoring child is at least 21 years old
2. Family Preference Categories
Other qualifying relatives fall within the family preference tiers. These categories are subject to annual quotas and the 7% per-country cap, which creates significant backlogs in high-demand categories. The preference categories are:
- F1: Unmarried sons and daughters (21 or older) of US citizens
- F2A: Spouses and unmarried children under 21 of lawful permanent residents
- F2B: Unmarried sons and daughters (21 or older) of lawful permanent residents
- F3: Married sons and daughters of US citizens
- F4: Brothers and sisters of US citizens, if the sponsoring citizen is at least 21
Visa availability is determined by the applicant’s priority date—the date the Form I-130 petition is filed. Applicants must monitor the monthly Visa Bulletin to track when their priority date becomes current.
3. Petition Process, Affidavit of Support, and Filing
The process begins when the sponsoring US citizen or LPR files Form I-130, Petition for Alien Relative, with USCIS to establish the qualifying relationship. If the beneficiary is outside the US, the case proceeds to the NVC for immigrant visa processing. The applicant then files the DS-260 immigrant visa application and attends a consular interview. If the beneficiary is lawfully in the US and a visa number is available, they may apply to adjust status by filing Form I-485.
Sponsors must also meet financial support requirements to ensure that the immigrant will not become a public charge. In most family-based cases, the sponsor submits Form I-864, Affidavit of Support. This is a legally enforceable undertaking to maintain the intending immigrant at or above 125% of the Federal Poverty Guidelines (or 100% for active-duty military sponsors). Joint or substitute sponsors may step in if the primary sponsor does not meet the income threshold.
4. Priority Dates and the Visa Bulletin
Family preference applicants must carefully follow the Department of State’s Visa Bulletin. The Bulletin publishes two charts:
- Final Action Dates: Determines when visas may be issued and green cards approved
- Dates for Filing: May allow earlier submission of documentation, if authorised by USCIS
Depending on the applicant’s country of chargeability, waiting times may range from several months to over a decade. Close tracking of the Bulletin is essential for timely filings.
Section A Summary
Family-based immigration provides a legal route for relatives of US citizens and permanent residents to obtain green cards. Immediate relatives benefit from unlimited visa numbers and shorter processing times. Preference categories, however, are restricted by annual caps and per-country limits, often resulting in lengthy queues. Success in this route depends on correctly identifying the qualifying family category, submitting Form I-130, meeting financial obligations through Form I-864, and monitoring priority date progression in the Visa Bulletin.
Section B: Employment-Based Immigration
Employment-based immigrant visas offer a route to permanent residence for individuals with professional skills, advanced qualifications, or investment capital. These visas are divided into five preference categories, EB-1 through EB-5, each with specific eligibility rules. In total, approximately 140,000 employment-based immigrant visas are available annually, subject to a 7% per-country cap. Demand can create significant backlogs, particularly for nationals of high-demand countries such as India and China.
1. EB-1 Priority Workers
The EB-1 category is reserved for:
- Individuals of extraordinary ability in the sciences, arts, education, business, or athletics
- Outstanding professors and researchers
- Multinational executives and managers
Certain applicants, such as those with extraordinary ability, may self-petition without an employer sponsor. EB-1 petitions often benefit from faster visa availability compared to lower preference categories.
2. EB-2 Professionals with Advanced Degrees or Exceptional Ability
The EB-2 category covers professionals with advanced degrees or persons of exceptional ability in science, arts, or business. Generally, an employer job offer and labor certification (PERM) are required. However, applicants may request a National Interest Waiver (NIW), allowing them to self-petition if their work is deemed of significant benefit to the United States.
3. EB-3 Skilled Workers, Professionals, and Other Workers
The EB-3 category includes:
- Skilled workers with at least two years of training or experience
- Professionals holding a bachelor’s degree or equivalent
- Other workers in roles requiring less than two years of training
Labor certification is generally mandatory. Demand for EB-3 visas is high, and the “other workers” subcategory faces an additional statutory cap of 10,000 visas per year, resulting in extended waiting times.
4. EB-4 Special Immigrant Workers
EB-4 visas are reserved for a range of applicants including religious workers, certain broadcasters, retired employees of international organizations, some foreign service employees, and special immigrant juveniles. The program also covers Afghan and Iraqi nationals who assisted the US government, including interpreters and translators, under specific congressional authorisations. Religious worker provisions for non-ministers are subject to periodic congressional extensions and are not always permanently available.
5. EB-5 Immigrant Investor Program
The EB-5 category is designed for investors who contribute to job creation in the United States. Applicants must invest in a new commercial enterprise that creates at least 10 full-time jobs for qualifying US workers. Under the EB-5 Reform and Integrity Act, the investment thresholds are:
- $1,050,000 for standard investments
- $800,000 for projects in a Targeted Employment Area (TEA) or infrastructure investment
Visas are divided between general allocation and set-asides for rural, high-unemployment, and infrastructure projects. EB-5 offers a direct route to permanent residence for those meeting the capital and job creation requirements.
6. Labor Certification (PERM)
For most EB-2 and EB-3 petitions, labor certification under the Program Electronic Review Management (PERM) system is required. The sponsoring employer must demonstrate that:
- There are no available, qualified US workers willing to fill the position
- Hiring the foreign national will not negatively affect the wages and working conditions of US workers in comparable roles
Employers must follow strict recruitment and filing procedures. Errors in the PERM process can cause significant delays or denials, making compliance critical.
Section B Summary
Employment-based immigration provides structured opportunities for highly skilled workers, professionals, and investors to obtain green cards. EB-1 and EB-2 categories cater to top-level talent, EB-3 supports skilled and unskilled roles, EB-4 serves unique groups such as religious workers and SIV applicants, and EB-5 promotes foreign investment. While many applicants must navigate the PERM labor certification process, self-petition routes such as EB-1 extraordinary ability and EB-2 NIW offer flexibility. Understanding the numerical limits, per-country caps, and statutory requirements is essential for success.
Section C: Adoption Immigration
US immigration law provides a framework for US citizens to bring adopted children from overseas into the United States as lawful permanent residents. Adoption immigration is tightly regulated to protect the best interests of children, prevent exploitation, and ensure compliance with US and international law. The process varies depending on whether the child’s country of origin is a party to the Hague Adoption Convention.
1. Hague Adoption Convention Process
The Hague Adoption Convention establishes international safeguards for intercountry adoptions, ensuring ethical procedures and preventing child trafficking. If the child’s country is a Hague Convention member, the adoption must follow this pathway. Key requirements include:
- At least one of the adopting parents must be a US citizen
- Parents must work with a US-accredited adoption service provider
- Form I-800A is filed to establish suitability and eligibility to adopt from a Hague country
- Once matched with a child, Form I-800 is filed to classify the child as a Convention adoptee
- Both the sending country and US authorities must approve the adoption before the child may immigrate
Children from Hague countries typically enter the United States on an IH-3 visa (if the adoption is completed abroad) or an IH-4 visa (if the adoption will be finalised in the US).
2. Non-Hague Orphan Process
For children from countries not party to the Hague Convention, the orphan process applies. Requirements include:
- At least one adopting parent must be a US citizen
- Form I-600A is filed to establish suitability to adopt an orphan
- After being matched, Form I-600 is filed to classify the child as an orphan under US immigration law
- The child must meet the legal definition of an orphan, such as both parents having died, disappeared, or abandoned the child, or a sole parent being unable to provide adequate care
Children from non-Hague countries usually enter the US on an IR-3 visa (if the adoption is completed abroad) or an IR-4 visa (if the adoption will be finalised in the US).
3. Role of USCIS and the Department of State
USCIS reviews adoption petitions to verify eligibility of both the adoptive parents and the child. The Department of State is responsible for visa issuance through US embassies and consulates abroad. Close coordination between these agencies, the foreign country’s authorities, and accredited adoption providers is required to ensure the process is legally compliant.
Section C Summary
Adoption immigration allows US citizens to legally bring adopted children into their families from abroad. Hague Convention cases require accredited agencies, Forms I-800A/I-800, and result in IH-3 or IH-4 visas. Non-Hague adoptions follow the orphan process using Forms I-600A/I-600 and result in IR-3 or IR-4 visas. In all cases, at least one adoptive parent must be a US citizen, and the process involves oversight by USCIS, the Department of State, and the sending country’s authorities to ensure full compliance.
Section D: Special Immigrant and Diversity Visas
In addition to family and employment categories, US immigration law provides routes for individuals who qualify under specialised programs. These include the Special Immigrant Visa (SIV) provisions and the Diversity Visa (DV) Lottery, both of which are highly regulated and subject to statutory caps and eligibility rules.
1. Special Immigrant Visa Categories
The Special Immigrant Visa program provides permanent residence opportunities for individuals in defined circumstances, including:
- Religious workers entering the United States to serve in a religious vocation or occupation (note: non-minister roles are subject to temporary congressional reauthorisations and may not always be available)
- Afghan and Iraqi nationals who worked with or on behalf of the US government, such as interpreters, translators, and contractors (numbers and eligibility depend on congressional authorisations)
- Employees and certain retired staff of international organisations or NATO
- Special Immigrant Juveniles (SIJ) – minors present in the United States who have been abused, abandoned, or neglected and granted protection by a juvenile court
Each subcategory has distinct statutory requirements, and some are limited by annual visa quotas.
2. Diversity Visa Lottery Overview
The Diversity Visa Lottery is an annual program administered by the Department of State that allocates up to 55,000 immigrant visas to nationals of countries with historically low levels of US immigration. The program is designed to diversify immigrant populations in the United States.
3. Eligibility for the DV Lottery
To qualify, applicants must:
- Be a native of a country designated as eligible for that year’s lottery (individuals from countries with high immigration levels are excluded annually by statute)
- Hold at least a high school diploma or its equivalent, or have two years of qualifying work experience within the past five years in an occupation requiring at least two years of training or experience
Applicants must also be admissible under general US immigration law, passing medical exams, security checks, and background screenings.
4. DV Lottery Registration and Process
Entries are submitted online exclusively via the official Department of State portal (dvprogram.state.gov) during a designated annual registration window. Paper submissions are not accepted, and there is no fee to enter. Winners are randomly selected by computer, but more selectees are chosen than visas available, meaning selection does not guarantee issuance.
Successful selectees must submit the DS-260 immigrant visa application, attend a consular interview, and complete all security and medical requirements within the same fiscal year to receive a visa. Failure to finalise the process before the deadline results in forfeiture of eligibility.
Section D Summary
Special Immigrant Visas cover narrowly defined groups such as religious workers, Afghan and Iraqi allies, international organisation employees, and juveniles needing protection. Availability often depends on statutory authorisations and numerical limits. The Diversity Visa Lottery provides up to 55,000 green cards annually to nationals of underrepresented countries, subject to strict education or work requirements and timely completion of the visa process. Both routes represent carefully regulated pathways to lawful permanent residence.
FAQs
What is the difference between an immigrant and a nonimmigrant visa?
An immigrant visa grants lawful permanent residence (a green card), allowing the holder to live and work in the United States indefinitely. A nonimmigrant visa permits temporary entry for a specific purpose, such as tourism, study, or temporary employment, but it does not directly provide a pathway to permanent residence.
How long does the US immigrant visa process take?
Processing times vary depending on the visa category. Immediate relatives of US citizens often receive visas within a year, since these visas are not capped numerically. Family preference categories may involve waits of several years or even decades, depending on demand and country of chargeability. Employment-based categories are also subject to backlogs, particularly EB-2 and EB-3. Diversity Visa selectees must complete the process within the same fiscal year they are chosen, or they lose eligibility.
Can I apply under more than one immigrant visa category?
Yes, it is possible to qualify for multiple immigrant visa categories. For example, an individual may be eligible for both a family-based visa and an employment-based visa. However, only one immigrant visa or adjustment of status application can ultimately be approved. Each application must independently meet the requirements of the relevant category.
Do Diversity Visa winners get a green card automatically?
No. Being selected in the Diversity Visa Lottery does not guarantee permanent residence. Selectees must complete the immigrant visa process, including submitting the DS-260 form, attending a consular interview, passing medical and security checks, and meeting all admissibility requirements. Only once the immigrant visa is issued and the individual is admitted to the United States do they obtain permanent resident status.
What documents are required for immigrant visa applications?
The documents required vary by visa category, but typically include:
- An approved petition (e.g., Form I-130 for family-based visas, Form I-140 for employment-based visas, Form I-600/I-800 for adoption cases)
- Civil records such as birth, marriage, and divorce certificates
- Police clearance certificates from all relevant jurisdictions of residence
- Medical examination results from an authorised physician
- Form I-864, Affidavit of Support, for most family-based cases (requiring proof of income at or above 125% of the Federal Poverty Guidelines, or 100% for military sponsors)
Applicants should also carefully follow instructions from the NVC and the US embassy or consulate processing the case, as requirements can differ by category and location.
Conclusion
Immigrant visas provide structured and legally defined routes for foreign nationals to establish permanent residence in the United States. Each category—whether family-based, employment-driven, adoption-related, or through special programs—has its own eligibility rules, processes, and evidentiary requirements.
For relatives of US citizens and lawful permanent residents, the immigration system prioritises immediate relatives, who benefit from unlimited visa numbers and shorter processing times. Family preference applicants, however, must navigate strict quotas and priority date backlogs. Employment-based visas balance national economic needs with opportunities for professionals, priority workers, and investors, with PERM labor certification acting as a safeguard for the US workforce. Adoption pathways, governed by Hague and non-Hague frameworks, ensure children’s welfare and compliance with both domestic and international law. Special Immigrant Visas assist narrowly defined groups such as religious workers, international organisation staff, and US allies abroad, while the Diversity Visa Lottery expands representation among immigrant populations through a randomised process subject to strict eligibility criteria.
Successful immigration requires careful planning, accurate petitioning, and compliance with requirements set by USCIS, the Department of State, and the National Visa Center. Choosing the correct category at the outset, preparing documentation in line with legal standards, and monitoring priority dates or annual deadlines are all crucial steps toward achieving lawful permanent residence and, eventually, US citizenship.
Glossary
| USCIS | United States Citizenship and Immigration Services, the agency responsible for adjudicating immigration petitions and applications. |
| 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. |
| I-140 | Immigrant Petition for Alien Worker, typically filed by employers for foreign workers seeking employment-based immigrant visas. |
| PERM | Program Electronic Review Management, the labor certification process that employers must complete for many EB-2 and EB-3 applications. |
| EB Visa | Employment-based immigrant visa category, including EB-1 priority workers through EB-5 investors. |
| DV Lottery | The Diversity Immigrant Visa Program, an annual lottery allocating immigrant visas to individuals from underrepresented countries. |
| IR Visa | Immediate Relative immigrant visa category for close family members of US citizens, not subject to annual numerical limits. |
| Affidavit of Support (I-864) | A legally enforceable contract requiring a sponsor to maintain the intending immigrant financially at or above 125% of the Federal Poverty Guidelines (100% for military sponsors). |
| NVC | National Visa Center, which processes approved petitions, collects fees and documents, and schedules immigrant visa interviews abroad. |
| DS-260 | Online Immigrant Visa Application, required for most applicants completing consular processing through the Department of State. |
Useful Links
| USCIS Green Card Information | https://www.uscis.gov/green-card |
| US Department of State – Immigrant Visa Overview | https://travel.state.gov/content/travel/en/us-visas/immigrate.html |
| USCIS Family Immigration Guidance | https://www.uscis.gov/family |
| USCIS Employment-Based Immigration | https://www.uscis.gov/working-in-the-united-states/permanent-workers |
| Intercountry Adoption Process – US Department of State | https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt.html |
| Diversity Visa Lottery Information | https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry.html |
