• Be eligible for one of the immigrant categories established in the Immigration and Nationality Act (INA)
• Have a qualifying immigrant petition filed and approved for you (with a few exceptions)
• Have an immigrant visa immediately available
• Be admissible to the United States
Each requirement is detailed below.
Eligibility for an Immigrant Category
Individuals who want to become immigrants (permanent residents) through their qualified family member, a job offer or employment, or a special category will generally be classified in categories based on a preference system. Except for immediate relatives of a U.S. citizen who are given the highest immigration priority and a few other exceptions, Congress has set a finite number of visas that can be used each year for each category of immigrants. The general categories are listed below.
Family Based
Some relatives of U.S. citizens, known as immediate relatives, do not have to wait for a visa to become available. There is no limit to the number of visas that can be utilized in this category in a particular year. Immediate relatives include:
• Parents of a U.S. citizen
• Spouses of a U.S. citizen
• Unmarried children under the age of 21 of a U.S. citizen
Note: U.S. citizens must be at least 21 years old to apply for their parents
The qualified relatives of a U.S. citizen or permanent resident in the remaining family-based categories may have to wait for a visa to become available before they can apply for permanent residency. These categories include:
• First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens
• Second Preference A: Spouses of permanent residents and the unmarried children (under the age of 21) of permanent residents
• Second Preference B: Unmarried sons and daughters (21 years or age or older) of permanent residents
• Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children
• Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children
Job or Employment Based
People who want to become immigrants based on employment or a job offer may apply for permanent residence or an immigrant visa abroad, when an immigrant visa number becomes available according to the following employment based preferences:
• First Preference: Priority Workers, including aliens with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers
• Second Preference: Members of professions holding an advanced degree or persons of exceptional ability (including individuals seeking a National Interest Waiver)
• Third Preference: Skilled Workers, professionals and other qualified workers
• Fourth Preference: Certain special immigrants including those in religious vocations
• Fifth Preference: Employment creation immigrants (investors or entrepreneurs)
