There are usually two avenues to apply for an immigration visa. One is to apply through certain family relationships, known as
Family-Based Immigration (Form I-130 petition), and the other is Employment-Based Immigration (Form I-140 petition).
Filing an immigration petition is simply the first step, after that one needs to file the I-485 adjustment of status application, if the alien is in the United States,
or go through the immigrant visa Consular Processing at a U.S. consulate abroad if the alien is abroad. For details on Consular Processing, please click here.
Family-Based Immigration
To be eligible for applying for green card under Family-Based Immigration, a person must be a close family member of a U.S. citizen or a permanent resident. The detailed categories are as follows:
- "Immediate relatives" of a U.S. citizen refers to parents, spouses and children (who are unmarried and under 21 years of age) of a U.S. citizen. Immediate relatives of a U.S.
citizen can immigrate to the United States without being subject to any numerical restrictions, unlike other close family members of U.S. citizens and/or permanent residents. One in the U.S they can file the adjustment of status application
to change their status from non-immigrant to immigrant. For detailed information on other close family members of a U.S. citizen, please click on the following links:
- Other Close Family Members of U.S. Citizens: Other group of family members of a U.S. citizen can qualify to immigrate to the United States, but unlike immediate relatives of a U.S. citizen,
they are subject to a numerical limit of immigrant visas available to them each year. These close family members of U.S. citizens are divided into several groups called "Preferences". The higher the preference, the quicker
the alien will be eligible to receive a green card. For the most up to date immigrant cut-off dates,
please click here. For detailed information on other close family members of a U.S. citizen, please click on the following links:
- First preference: Unmarried Children over 21 year of age of U.S. Citizens: The only distinction in eligibility between a child in this category and a child of an "immediate relative of a U.S. citizen" is that the child in this category is over 21 years old. Normally, there is a five-year waiting period before this group can file for an adjustment of status and be eligible to get his/her green card. For more information, please click here.
- Third preference: Married Children of U.S. Citizens: This category is designed for the married children of U.S. citizens regardless of his or her age. That means to qualify as a "child" in this category, the person must be the son or daughter of a U.S. citizen, who is married. This group must wait eight years before they can be eligible to get their green card. For more information, please click here.
- Fourth preference: Brothers or Sisters of U.S. Citizens: This category includes the brothers and sisters of U.S. citizens. To apply for a green card for his or her brother or sister, a U.S. citizen must be 21 years of age or older. Furthermore, to qualify as a brother or sister of a U.S. citizen, both the brother or sister and the U.S. citizen must have been children of the same parent. Eleven years must pass before this group can file an adjustment of status application and be
eligible for a green card. For more information, please click here.
- Family Members of Permanent Resident: Spouses and unmarried children of a permanent resident can apply for green card. They are categorized as the Second Preference group of people who are eligible for immigration to the United States.
Employment-Based Immigration
The Immigration and Nationality Act provides 140,000 employment-based immigrant visas yearly. These available visas are divided among five preference categories. Most employment-based permanent residence petitions require submission of a USCIS form I-140. Effective May 23, 2006, the USCIS will be allowing a Premium Processing Service for certain classifications within Form I-140, allowing petitioners to receive a decision within 15 calendar days of application for a fee of $1000. The USCIS, also called the CIS, is the new name of government entity that was once known as the INS. The following is a general introduction of the five preference categories.
- The First Employment-based Preference for "priority workers"(EB-1), including persons of extraordinary ability and outstanding professors and researchers. Priority Workers receive 28.6 percent of the annual worldwide limit (about 40,000 visas). All Priority Workers must be the beneficiaries of an approved Form I-140, Immigrant Petition for Foreign Worker. For details, please click here.
- The Second Employment-Based preference (EB-2), including petitions with requests for the national interest waiver (NIW). For details on NIW, please click here; for information on Labor Certification (LC) application please click here, and for information on Labor Certification (LC) application with request for Reduction in Recruitment
(RIR), please click here. This preference group has two subgroups within this category: Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and Persons with exceptional ability in the arts, sciences, or business and for other information on this category, please click here.
- The Third Employment-Based Preference (EB-3). This category covers Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers. The Third Employment-based preference receives 28.6 percent of the yearly worldwide limit (about 40,000 annual visas), plus any unused Employment First and Second Preference visas. Please click here for information on Labor Certification (LC) application required for this category; for information on Labor Certification (LC) application with request for Reduction in Recruitment (RIR), please click here; and for other information on this category, please click here...
- The Fourth Employment-Based Preference (EB-4), including religious workers, certain overseas employees of the U.S. Government, former employees of the Panama Canal Company, retired employees of international organizations, certain dependents of international organization employees, and certain members of the U.S. Armed Forces. Please click here for details.
- The Fifth Employment-Based Preference (EB-5) for foreign investors. To qualify, an alien must invest between U.S. $500,000 and $1,000,000, depending on the employment rate in the geographical area, in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family. For details, please click here.
The immigration petition is simply the first step in the process to becoming an immigrant or permanent resident of the United States. The next step for those aliens residing in the United States is to file I-485 adjustment of status application, which is the final step of obtaining the green card. Once the immigrant gets his/her green card, they are a permanent
resident the United States. More information on adjustment of status can be found by clicking here. For immigrants who are not residing in the United States, they must obtain their green card through the Consular Processing method. In this method, the immigrant must go to the U.S. Consulate abroad and get an immigrant visa. This process begins only once the immigrant
petition has been approved and the visa number is available. For more information on Consular Processing, please click here.