Visas and Green Cards

Introduction

The US immigration system provides for both temporary and permanent admission of foreign nationals through a complex framework of visa categories. Visas allow temporary admission for specific purposes, while lawful permanent residence (a green card) provides the right to live and work permanently in the United States and is a pathway to citizenship. The Immigration and Nationality Act (INA) establishes the categories and numerical limits for both temporary and permanent immigration.

Family-Based Immigration

Family-based immigration is the largest category of legal permanent immigration. Immediate relatives of US citizens —spouses, unmarried minor children, and parents—are not subject to numerical limits and may obtain green cards without waiting for a visa to become available. Family preference categories for other relatives are subject to annual numerical limits and per-country caps.

The family preference categories include: F1 (unmarried adult children of citizens), F2A (spouses and minor children of permanent residents), F2B (unmarried adult children of permanent residents), F3 (married children of citizens), and F4 (siblings of adult citizens). These categories have significant backlogs, with waiting periods that can extend decades for some countries.

Employment-Based Immigration

Employment-based immigration provides for five preference categories (EB-1 through EB-5). EB-1 covers priority workers, including persons of extraordinary ability, outstanding professors and researchers, and multinational executives. EB-2 covers professionals with advanced degrees and persons of exceptional ability. EB-3 covers skilled workers and professionals.

EB-4 covers special immigrants, including religious workers and certain international employees. EB-5 is the immigrant investor program, which requires a minimum investment of $1,050,000 (or $800,000 in targeted employment areas) in a new commercial enterprise that creates at least ten full-time jobs.

The Diversity Visa Lottery

The Diversity Immigrant Visa Program (the green card lottery) makes up to 55,000 immigrant visas available annually to nationals of countries with historically low rates of immigration to the United States. Applicants must have at least a high school education or two years of qualifying work experience. The program is administered by the Department of State through a random selection process.

Temporary Visas

The United States offers numerous temporary visa categories. B-1/B-2 visitor visas allow temporary business or pleasure travel. F-1 and M-1 student visas allow study in the United States. H-1B visas allow employment in specialty occupations and are subject to an annual cap of 65,000 (plus 20,000 for US advanced degree holders). L-1 visas allow intracompany transfers. O-1 visas are for persons of extraordinary ability.

Temporary visas have specific requirements and limitations. The H-1B visa requires a job offer in a specialty occupation, the payment of prevailing wages, and employer attestations. The H-1B cap is reached through a lottery system, creating uncertainty for applicants and employers.

Adjustment of Status and Consular Processing

A person in the United States may apply for a green card through adjustment of status with US Citizenship and Immigration Services (USCIS). Adjustment requires that an immigrant visa be immediately available and that the applicant meet admissibility requirements. Applicants outside the United States obtain immigrant visas through consular processing at a US embassy or consulate.

The Visa Bulletin

The Department of State publishes a monthly Visa Bulletin that indicates when immigrant visas are available for each preference category and country. The bulletin contains two charts: Dates for Filing (when applicants may file applications) and Final Action Dates (when visas are actually issued). The Visa Bulletin is essential for understanding when a green card application may proceed.

Conclusion

The US immigration system for visas and green cards is defined by the INA’s preference categories and numerical limits. Family-based and employment-based immigration are the primary channels for permanent residence, while temporary visas allow for specific purposes including work and study. The complexity of the system, including backlogs and numerical caps, creates significant challenges for applicants and their sponsors.