General Information

Immigrants to the United States are divided into two categories: (I) those who may obtain permanent residence status without numerical limitation, and (II) those subject to an annual limitation. The latter category is further divided into (A) family-sponsored, (B) employment-based, and (C) diversity immigrants.

I. IMMIGRANT VISAS WITHOUT NUMERICAL LIMITATION

A. Immediate Relatives: The spouse, widow(er) or minor unmarried children of a United States citizen, or the parents of a United States citizen who is 21 or older.
B. Returning Residents: Previous U.S. lawful permanent residents who are returning to the U.S. after a stay of more than one year abroad. (And have letters of advanced parole.)

II. LIMITED IMMIGRANTS

Subject to certain transitional laws, immigration into the United States beginning in 1995 is limited to 675,000 persons per year. That figure is divided into three distinct sub-categories.

A. Family-Based

Preference relatives may receive all of the visas not used by Immediate Relatives, but no less than 226,000 visas per year. Family-based preference categories (with minimum limits in parentheses) include:

1. First Preference: Unmarried sons and daughters under 21 of U.S. citizens, and their children. (23,400)
2. Second Preference: Spouses, children, and unmarried sons and daughters under 21 of lawful permanent resident aliens. (114,200)
3. Third Preference: Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)
4. Fourth Preference: Brothers and sisters of U.S. citizens, and their spouses and children, provided the U.S. citizens are over 20. (65,000)

B. Employment-Based

Employment-based visas require a labor certification from the U.S. Department of Labor (DOL), and the filing of a petition with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS). For more information on employment based immigrant visas please visit www.uscis.gov.

A total minimum of 140,000 immigrant visas yearly are available for this category which is divided into five preference groups (percent of yearly limit):

1. Priority Workers: Persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and certain multinational executives and managers (28.6%).
2. Members of the Professions: Professionals holding advanced degrees, and persons of exceptional ability in the sciences, arts, and business (28.6%).
3. Professionals, Skilled and Unskilled Workers: Professionals holding baccalaureate degrees, skilled workers with at least two years experience, and other workers whose skills are in short supply in the United States (28.6%).
4. Special Immigrants: Certain religious workers, ministers of religion, certain international organization employees and their immediate family members, and qualified, recommended current and former U.S. Government employees. (7.1%).
5. Investors: Persons who create employment for at least ten unrelated persons by investing capital in a new commercial enterprise in the United States. The minimum capital required is between $500,000 and $1,000,000, depending on the employment rate in the geographic area (7.1%).

C. Diversity Immigrant Visa Lottery

The Diversity Lottery makes available a maximum of 55,000 immigrant visa numbers annually to applicants selected at random from countries with low rates of immigration to the United States. There is a separate registration for each year's visas. Information on registration for the lottery is announced each year by the State Department. The website is: http://www.dvlottery.state.gov