Immigrating to the United States is a major step that offers a pathway to lawful permanent residence and, for many, eventual U.S. citizenship. Unlike temporary nonimmigrant visas, immigrant visas are intended to provide permanent resident status—commonly known as a green card. A green card allows the holder to live and work in the United States on a long-term basis, provided they comply with U.S. immigration laws and maintain continuous residence.
What this article is about: This guide sets out the principal U.S. immigrant visa categories available to individuals and their sponsors. It covers family-based petitions, employment-based routes, adoption pathways, special immigrant visas, and the Diversity Visa Lottery. Each section outlines eligibility requirements, the application process, and practical considerations for both applicants and sponsors. By the end, you will have a structured overview of the main lawful avenues to permanent residence in the United States.
Immigrant visa processing involves multiple government agencies, including U.S. Citizenship and Immigration Services (USCIS), the Department of State, and the National Visa Center (NVC). Each category has distinct eligibility rules, timelines, and evidential requirements. For numerically limited categories, visa availability is subject to statutory annual caps, per-country limits, and priority dates published monthly in the Department of State Visa Bulletin. USCIS also confirms each month which of the Bulletin’s two charts—“Dates for Filing” or “Final Action Dates”—applies to adjustment of status filings.
Section A: Family-Based Immigration
Family-sponsored immigration remains one of the most widely used routes to permanent residence in the United States. It allows U.S. citizens and lawful permanent residents (green card holders) to petition for eligible relatives to obtain immigrant visas. The law prioritises close family relationships but also provides limited opportunities for extended relatives through preference categories.
1. Immediate Relatives of U.S. Citizens
The highest priority is reserved for immediate relatives of U.S. citizens. Unlike preference categories, this group is not subject to annual numerical limits, meaning an unlimited number of visas may be issued each year. Immediate relatives include:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens, where the sponsoring child is at least 21 years old
Because they are exempt from visa caps, immediate relative applications usually progress faster than other family categories, provided the petition and supporting evidence are complete.
2. Family Preference Categories
For relatives who do not qualify as immediate relatives, the U.S. system provides preference-based categories, each with annual quotas and per-country limits. These are:
- F1: Unmarried sons and daughters (21 or older) of U.S. 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 U.S. citizens
- F4: Brothers and sisters of U.S. citizens, where the sponsoring citizen is at least 21
These visas are numerically limited and subject to high demand. Waiting times can be lengthy due to statutory quotas and the 7% per-country limit. Priority dates, based on the date the petition was filed, determine an applicant’s place in line.
3. Petition Process, Affidavit of Support, and Filing Stage
The process begins when a U.S. citizen or lawful permanent resident files Form I-130, Petition for Alien Relative, with USCIS to establish the qualifying family relationship. If the beneficiary is outside the United States, the petition moves to the NVC, and the immigrant visa applicant completes Form DS-260 before a consular interview. If the beneficiary is lawfully present in the U.S. and a visa number is available, they may apply for adjustment of status using Form I-485.
In most family cases, the sponsor must also submit Form I-864, Affidavit of Support. This is a legally enforceable undertaking to maintain the immigrant at or above 125% of the Federal Poverty Guidelines to prevent reliance on public benefits. Where the primary sponsor does not meet the income threshold, a joint sponsor or substitute sponsor may be used.
4. Priority Dates and the Visa Bulletin
Applicants in family preference categories must monitor the Department of State’s monthly Visa Bulletin. The Bulletin sets out two charts: the “Final Action Dates” (which control when green cards can be approved) and the “Dates for Filing” (which may allow earlier submission of forms if USCIS confirms it applies). Depending on the applicant’s country of chargeability, waiting times can span from several months to multiple decades.
Section A Summary
Family immigration offers U.S. citizens and green card holders a structured pathway to reunite with close relatives in the United States. Immediate relatives benefit from visa availability without numerical caps, while preference category applicants face annual limits and often significant delays. Success depends on correctly filing the petition, meeting financial obligations under the Affidavit of Support, and tracking movement of priority dates in the Visa Bulletin.
Section B: Employment-Based Immigration
Employment-based immigrant visas provide a structured route for individuals with advanced skills, professional expertise, or investment capital to obtain permanent residence in the United States. These visas are divided into five preference categories (EB-1 through EB-5), each with its own eligibility rules. All are subject to annual worldwide quotas and per-country limits, although unused visas in one category may “roll down” to another, influencing availability.
1. EB-1 Priority Workers
The EB-1 category is for individuals of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers. Those demonstrating extraordinary ability may self-petition without employer sponsorship. EB-1 petitions are often processed faster than lower preference categories because of high priority in visa allocation.
2. EB-2 Professionals with Advanced Degrees or Exceptional Ability
The EB-2 route is for professionals holding advanced degrees and individuals with exceptional ability in science, arts, or business. Most applicants require both a job offer and PERM labor certification. However, those eligible for a National Interest Waiver (NIW) may self-petition if their proposed work is deemed to benefit the United States substantially.
3. EB-3 Skilled Workers, Professionals, and Other Workers
This category includes:
- Skilled workers with at least two years of training or experience
- Professionals with a U.S. bachelor’s degree or equivalent
- Other workers for roles requiring less than two years of training or experience
Labor certification is usually required. Demand in the EB-3 category is consistently high, and the “other workers” subcategory has an additional cap of 10,000 visas per year, leading to particularly long queues.
4. EB-4 Special Immigrant Workers
EB-4 visas cover diverse groups, including religious workers, certain employees of U.S. foreign service posts, broadcasters, international organization staff, and qualifying Afghan and Iraqi nationals who assisted the U.S. government. Ministerial roles within the religious worker category are permanent, but non-minister religious worker visas are temporary and subject to periodic reauthorization by Congress.
5. EB-5 Immigrant Investor Program
The EB-5 program grants permanent residence to investors who make a qualifying investment in a new commercial enterprise creating at least 10 full-time U.S. jobs. Following the EB-5 Reform and Integrity Act, minimum investment levels are:
- $1,050,000 for standard investments
- $800,000 for investments in a Targeted Employment Area (TEA) or qualifying infrastructure project
In addition to general allocations, Congress has reserved specific visa set-asides for rural (20%), high-unemployment (10%), and infrastructure (2%) projects. These categories can offer faster processing due to reduced backlogs.
6. Labor Certification (PERM)
For most EB-2 and EB-3 petitions, the sponsoring employer must obtain a labor certification through the PERM process. This requires showing that no qualified U.S. workers are available for the role and that hiring the foreign worker will not negatively affect wages or conditions of U.S. employees. The PERM process is highly technical, requiring strict compliance with recruitment and filing rules.
Section B Summary
Employment-based immigration enables professionals, skilled workers, and investors to secure permanent residence while balancing U.S. labor market protections. EB-1 and EB-2 focus on individuals with exceptional skills, EB-3 covers broader professional and worker categories, EB-4 provides for specific groups such as religious workers and government affiliates, and EB-5 offers a direct investment-driven route. Applicants must be mindful of labor certification requirements, annual quotas, and visa allocation rules when pursuing these pathways.
Section C: Adoption Immigration
U.S. immigration law provides routes for U.S. citizens to bring adopted children from abroad to live permanently in the United States. Intercountry adoption is tightly regulated to protect children, prevent exploitation, and ensure compliance with both U.S. and international law. The applicable pathway depends on whether the child’s country of habitual residence is a party to the Hague Adoption Convention.
1. Hague Adoption Convention Process
Where the child’s country is a Hague party, the adoption must proceed under the Convention framework. Prospective adoptive parents must use a U.S.-accredited or approved adoption service provider. The process typically involves:
- Filing Form I-800A to establish suitability and eligibility of the prospective adoptive parent(s).
- Receiving a child referral from the foreign Central Authority, followed by filing Form I-800 to classify the child as a Convention adoptee.
- Obtaining an Article 5/17 letter from the U.S. Embassy/Consulate before the adoption or custody is finalized abroad.
- Visa issuance in the IH-3 (adoption finalized abroad) or IH-4 (custody granted abroad; adoption to be finalized in the U.S.) category.
Private, independent adoptions that bypass Convention authorities are not permitted in Hague cases.
2. Non-Hague Orphan Process
If the child’s country is not a Hague party, the “orphan” route under the Immigration and Nationality Act applies. Key steps include:
- Filing Form I-600A to establish suitability to adopt (if filing before identifying a child), then Form I-600 to classify the child as an orphan.
- Showing the child meets the statutory “orphan” definition (e.g., loss of both parents through death, disappearance, abandonment, or a sole parent unable to care for the child who irrevocably releases the child for adoption).
- Coordinating foreign court or administrative processes alongside USCIS adjudication.
- Visa issuance in the IR-3 (adoption finalized abroad) or IR-4 (adoption to be finalized in the U.S.) category.
The non-Hague process relies on host-country procedures but must still meet U.S. legal standards for classification and admissibility.
3. Role of USCIS and the Department of State
USCIS adjudicates the suitability of the adoptive parent(s) and the child’s eligibility as a Convention adoptee or orphan. The Department of State manages visa issuance through U.S. embassies and consulates, including the Article 5/17 step in Hague cases and the immigrant visa interview. A valid home study, background checks, and use of accredited providers (in Hague cases) are central compliance requirements.
4. Key Eligibility, Age Limits, and Citizenship Outcomes
U.S. law generally requires the child to be under 16 at the time of the relevant petition filing. A sibling exception permits classification if the child is under 18 and being adopted with (or following the adoption of) a birth sibling who met the under-16 rule. For prospective parents, an unmarried U.S. citizen must be at least 25 years old to file; married couples may file if at least one spouse is a U.S. citizen.
Under the Child Citizenship Act, a child admitted with an IH-3 or IR-3 visa who resides in the U.S. in the legal and physical custody of the U.S. citizen parent will typically acquire U.S. citizenship automatically, provided statutory conditions are met. Children entering on IH-4 or IR-4 generally acquire citizenship after the U.S. adoption is finalized and all conditions are satisfied.
Section C Summary
Adoption immigration enables U.S. citizens to lawfully bring children into their families while meeting stringent safeguards. Hague cases require accredited providers, I-800A/I-800 filings, and Article 5/17 clearance, leading to IH-3 or IH-4 visas. Non-Hague cases proceed via the orphan route using I-600A/I-600, resulting in IR-3 or IR-4 visas. Age thresholds, suitability findings, and post-entry steps affect both visa classification and the timing of U.S. citizenship. Close coordination with USCIS, the Department of State, and foreign authorities is essential throughout.
Section D: Special Immigrant and Diversity Visas
In addition to family- and employment-based categories, U.S. immigration law provides several specialised routes to permanent residence. These include Special Immigrant Visas (SIVs), which are limited to specific groups, and the Diversity Visa (DV) Lottery, which promotes immigrant diversity by allocating visas to nationals of underrepresented countries.
1. Special Immigrant Visa Categories
The EB-4 preference category covers a range of special immigrant classifications, including:
- Religious workers, including ministers and certain non-minister roles (though non-minister categories are subject to sunset provisions requiring periodic reauthorisation by Congress).
- Afghan and Iraqi nationals who provided services to or on behalf of the U.S. government, such as interpreters, translators, and contractors, under legislatively established SIV programs.
- Employees of international organisations, certain NATO employees, and some of their family members.
- Special Immigrant Juveniles (SIJs)—children present in the United States who have been abused, abandoned, or neglected and are eligible for state juvenile court protection. While SIJ status can lead to a green card, annual visa caps often cause backlogs, particularly for applicants from certain countries.
Each subcategory has unique eligibility requirements, statutory authority, and numerical limits, with some subject to annual or program-specific caps.
2. Diversity Visa (DV) Lottery Overview
The DV Lottery allocates up to 55,000 visas annually to applicants from countries with historically low rates of U.S. immigration. However, due to statutory set-asides (such as under NACARA), the practical number of visas issued is closer to 50,000. The program is administered by the Department of State and is conducted entirely online.
3. Eligibility Requirements for the DV Lottery
To qualify, applicants must:
- Be a native of a country designated as eligible under the program (natives of countries with high U.S. immigration rates are excluded each year by statute).
- Have at least a high school education (or equivalent), or two years of qualifying work experience within the past five years in an occupation requiring at least two years of training or experience.
Being selected in the lottery does not guarantee a visa. Selectees must still pass security checks, undergo a medical examination, and complete the immigrant visa process within the same fiscal year.
4. Application Process and Annual Limits
Applicants must enter electronically through the official Electronic Diversity Visa (E-DV) system during the designated annual registration period. No paper entries are accepted, and there is no entry fee. Selected applicants proceed with the immigrant visa process, including filing Form DS-260 and attending a consular interview.
Because the Department of State selects more individuals than there are available visas, not all selectees will receive a green card. Timely submission of documents and careful preparation for the interview are critical to success.
Section D Summary
Special Immigrant Visas serve narrowly defined groups, such as religious workers, certain Afghan and Iraqi nationals, international organisation staff, and children requiring protection under U.S. law. The Diversity Visa Lottery, by contrast, opens an annual opportunity for individuals from underrepresented countries to secure permanent residence if they meet strict educational or work experience requirements. Both routes are governed by statute, subject to numerical limitations, and require full compliance with security and admissibility checks.
FAQs
What is the difference between an immigrant and a nonimmigrant visa?
An immigrant visa confers lawful permanent residence, allowing the holder to live and work in the United States indefinitely as a green card holder. A nonimmigrant visa authorises temporary entry for specific purposes such as work, study, or tourism, but it does not itself provide a pathway to permanent residence.
How long does the U.S. immigrant visa process take?
Timelines vary widely by category. Immediate relatives of U.S. citizens may secure visas in under a year. Family preference categories are subject to annual quotas and per-country limits, resulting in waiting times that can stretch for many years. Employment-based categories also experience backlogs, particularly EB-2 and EB-3, while Diversity Visa selectees must complete the process within the fiscal year of selection.
Can I apply for more than one immigrant visa category?
It is possible to be eligible under multiple categories, for example through both family sponsorship and employment. Separate petitions are required, and each must independently meet eligibility criteria. However, only one immigrant visa or adjustment of status application can be approved for each applicant.
Do Diversity Visa winners get green cards automatically?
No. Selection in the Diversity Visa Lottery only gives the applicant the chance to apply for an immigrant visa. They must still submit Form DS-260, complete a medical examination, pass security checks, and attend an interview. A green card is granted only if all statutory and procedural requirements are met.
What documents are typically required for immigrant visas?
While documentation depends on the category, applicants usually need:
- An approved petition (e.g., Form I-130 for family-based cases, Form I-140 for employment, or Form I-600/I-800 for adoption cases).
- Civil documents such as birth, marriage, and divorce certificates.
- Police clearance certificates from countries of residence.
- Medical examination results from authorised physicians.
- Evidence of financial support (Form I-864, Affidavit of Support, in most family-based cases and some employment-based cases).
Applicants should follow instructions from the National Visa Center (NVC) and the relevant U.S. embassy or consulate to ensure all required evidence is submitted.
Conclusion
U.S. immigrant visas offer defined, lawful routes to permanent residence through family relationships, employment and investment, intercountry adoption pathways, and the special immigrant and diversity programs. Each route carries its own statutory criteria, evidential standards, and procedural steps across USCIS, the Department of State, and the National Visa Center. Success depends on selecting the correct category, meeting petition and sponsorship requirements, and timing filings against visa availability.
For family cases, accurate relationship evidence and a compliant Form I-864 Affidavit of Support are central, with priority dates governed by the monthly Visa Bulletin. Employment-based applicants should align credentials with EB preference rules, account for PERM where required, and consider self-petition options such as EB-1 extraordinary ability or EB-2 NIW where appropriate. Adoptive parents must follow Hague or orphan processes precisely, including age limits and accredited provider rules. Special immigrant and DV applicants must satisfy narrow statutory eligibility and act within annual caps and fiscal-year timelines.
Throughout, applicants should maintain admissibility, preserve continuous residence once admitted as permanent residents, and monitor agency updates that may affect filing charts, category backlogs, or program sunset and reauthorisation dates. Careful planning, complete documentation, and adherence to official instructions are the most reliable ways to achieve permanent resident status and, ultimately, eligibility for U.S. citizenship.
Useful Links
USCIS Green Card Information | https://www.uscis.gov/green-card |
U.S. Department of State – Immigrant Visa Overview | https://travel.state.gov/content/travel/en/us-visas/immigrate.html |
USCIS Family Immigration | https://www.uscis.gov/family |
USCIS Employment-Based Immigration | https://www.uscis.gov/working-in-the-united-states/permanent-workers |
Adoption – Intercountry Process (U.S. 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 |
NNU Immigration – U.S. Immigrant Visas | https://www.nnuimmigration.com/us-immigrant-visas/ |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/