Immigration Law

Immigrant Visas

Immigrant visas are issued to foreigners who wish to live in America permanently.  The immigrant visa is often called permanent residence or lawful permanent residence whereby a foreigner obtains a "green card". There are three ways of obtaining an immigrant visa.  The first method is through family-based immigration where there is a family relationship with a U.S. citizen or lawful permanent resident. The laws are a little complicated as to who is eligible. The following table shows eligibility for family-based immigration.

Eligibility of Relatives for Family-Based Immigration
Relationship to U.S. Citizen or Lawful Permanent Resident U.S. Citizen Lawful Permanent Resident
Child (unmarried and less than 21 years old) Eligible Eligible
Son or daughter (unmarried and 21 years or older) Eligible Eligible
Son or daughter (married and any age) Eligible Not Eligible
Brother or sister Eligible Not Eligible
Parents Eligible Not Eligible

The second method of obtaining an immigrant visa is through employment-based immigration. This method is offered to those foreigners who possess special employments skills in areas deemed important for American employers who are actively seeking them.  There are five categories for granting permanent residence status based upon employment skills. The table below summaries these five categories.

Employment-Based Immigration
Category Description
EB-1 Priority workers Foreigners of extraordinary ability in science, art, education, business, or athletics. Foreigners who are outstanding professors or researchers. Foreigners who are managers or executives of international companies who are transferred to the U.S.
EB-2 Professionals with advanced degrees or people with exceptional ability Foreigners with exceptional ability in art, science, or business.  Foreigners with advanced degrees in a profession. Foreign physicians willing to practice medicine in an underserved are of the U.S.
EB-3 Skilled or professional workers Foreigners with a bachelor’s degree. Foreigners with special skills and minimum of two years training and experience.  Certain unskilled foreigners.
EB-4 Special immigrants Foreign religious workers. Foreign employees and former employees of the U.S. Government in foreign countries.
EB-5 Immigrant investors Foreigners willing to invest a certain amount of funds into commercial enterprises that will benefit the U.S. economy.

The third method of obtaining an immigrant visa falls under the category of "other immigrant channels". This method is for adopted foreign children, certain types of refugees and asylum seekers, some targeted foreigners of certain nations specified by various laws enacted by Congress (too numerous to list), abused immigrant spouses or children of U.S. citizens, and occasional amnesty programs for illegal migrants.  Also included in this category is the Diversity Lottery Program where a certain number of immigrant visas are made available through a lottery to people from nations with low rates of immigration to the U.S.

Background
Immigrant Visas: You are here.
Non-Immigrant Visas