Common US Immigrant Visa Types:
Employment (E) Immigrant Visas:
- EB1: Employment-Based First Preference (Priority Workers)
This category includes priority workers, such as athletes, scientists, business owners, artists or professors acclaimed internationally, as well as multinational executives. The annual cap for EB-1 is 40,040. - EB1A for people with extraordinary abilities (70-75% approval rate)
- EB1B for outstanding professors and researchers (90% approval rate)
- EB1C for multinational managers and executives (75% approval rate)
(when a company moves people from a non-US to a US company branch as a manager/director to manage a team)
- EB2: Employment-Based Second Preference
- Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability. The annual cap for EB-2 is 40,040 as well.
- EB3: Employment-Based Third Preference (Skilled Workers and Professionals)
This category is for skilled workers, who at least have two years of experience, as well as employees with jobs that require at least a bachelor’s degree. The cap for this category is 35,040, plus there are 5,000 visas for EB-3O (jobs that don’t require a bachelor’s degree). - EB3-Other: Employment-Based Third Preference (Other Unskilled Workers)
- EB3-ScheduleA: Employment-Based Third Preference (Professional Nurses)
- EB4 Odd Cases: Employment-Based Fourth Preference (Certain Special Immigrants)
This category has 9,940 visas for special foreign national employees, which may include broadcasters, religious workers, military, U.S. government employees and abandoned juveniles. - EB4-Religious: Employment-Based Fourth Preference Other Workers (Certain Religious Workers)
- EB5 Investor: Employment-Based Fifth Preference Non-Regional Center (C5 and T5)
The fifth category has a 9,940 cap and is for foreign investors with investments made in the U.S. between $900K and $1.8M. - EB5-Regional: Employment-Based Fifth Preference Regional Center (I5 and R5)
- EB5-Pilot: Employment-Based Fifth Preference (Pilot Programs)
Family (F) Immigrant Visas:
- F1: Family-Sponsored First Preference (Unmarried Sons and Daughters of U.S. Citizens)
- F2A: Family-Sponsored Second Preference, Subcategory A (Spouses and Children of Permanent Residents)
- F2B: Family-Sponsored Second Preference, Subcategory B (Unmarried Sons and Daughters of Permanent Residents)
- F3: Family-Sponsored Third Preference (Married Sons and Daughters of U.S. Citizens)
- F4: Family-Sponsored Fourth Preference (Brothers and Sisters of U.S. Citizens)
Visa Limits per year:
U.S. immigration laws limit the number of immigrants admitted each year; these limitations as they are directly related to visa number availability and retrogression. There are caps for subcategories, such as per-country caps and preference-specific limits:
- The annual limit for total number of legal immigrants is 675,000. This is the maximum allotment of visa numbers per year, covering both foreign nationals who receive immigrant visas at consular offices abroad, and those who adjust status within the United States.
- 675,000 is a "flexible" cap, with certain categories of immigrants exempted from the limit (for example, immediate relatives of U.S. Citizens and certain special immigrants)
- The annual limit is divided into three main categories: family sponsored, employment-based, and diversity visa
- 675,000 = 480,000 + 140,000 + 55,000 (see below)
- Diversity visa (green card lottery) annual limit: 55,000, of which up to 5,000 will be made available for use under the NACARA program.
- Immediate relatives of U.S. citizens: No limit.
- Refugees and asylees: Manually adjusted and exempt from preference and diversity limits.
- Per-country cap: 7% of the total annual family-sponsored and employment-based preference limits. If the limits are 226,000 and 140,000, respectively, the per-country limit will be 25,620, which is 7% of (226,000 + 140,000). Furthermore, the per-country cap of 25,620 is divided into family-based limit (15,820) and employment-based limit (9800).
- Per-country cap for dependent areas/territories is 2% of the total annual family-sponsored and employment-based preference limits, i.e. 7320.
- Each preference class also has its own quota, and depending on allotment of visa numbers throughout the year, these limits may be adjusted accordingly (fall down, "fall up" or "fall across"). In addition, immigration bills (such as authorization to recapture unused visas) may temporarily change the caps for certain categories.
- Family-sponsored annual limit: minimum 226,000, up to 480,000. The actual limit is calculated each year as 480,000 minus the total number of immediate relatives of U.S. citizens who became permanent residents in the previous fiscal year (as well as a few other groups), plus any unused employment preferences numbers in the preceding year. If the result comes out to be below 226,000, the annual limit will be set at 226,000, as required by law.
- Family-Sponsored First (F1): Unmarried Sons and Daughters of Citizens, 23,400 plus any unused numbers from F4
- Family-Sponsored Second (F2): Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents, 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers. F2 is further divided into two subcategories: For F2A (Spouses and Children), 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; for F2B (Unmarried Sons and Daughters): 23% of the overall second preference limitation.
- Family-Sponsored Third (F3): Married Sons and Daughters of Citizens, 23,400, plus any numbers not required by F1 and F2.
- Family-Sponsored Fourth (F4): Brothers and Sisters of Adult Citizens, 65,000, plus any numbers not required by F1, F2 and F3.
- Note: Unused numbers can "fall-down" from F1 to F2A to F2B to F3 to F4. Unused F4 numbers can "fall-up" to F1.
- Employment-based annual limit: minimum 140,000. The actual limit is calculated as 140,000 plus unused family-sponsored preferences in the previous fiscal year. For example, in 2005 there were 3,949 unused family sponsored visa numbers, so the 2006 employment preference limit was set to 143,949 (140,000 + 3,949). If nothing was left, the limit would be 140,000.
- Your green card process begins in the eyes of USCIS when a labor certification (LC) application is filed on your behalf. If you do not need LC, your process starts when your employer files I-140 for you.
- labor certificate now has expiration dates attached, and will become invalid if I-140 is not filed within six months of LC approval.
- Employment Based First (EB1): Priority Workers, 28.6% of the worldwide employment-based preference level, plus any unused numbers from EB4 and EB5.
- Employment Based Second (EB2): Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability, 28.6% of the worldwide employment-based preference level, plus any unused numbers from EB1.
- Employment Based Third (EB3): Skilled Workers, Professionals, and Other Workers, 28.6% of the worldwide level, plus any numbers not required by EB1 and EB2, not more than 10,000 of which to "Other Workers".
- Employment Based Fourth (EB4): Certain Special Immigrants, 7.1% of the worldwide level.
- Employment Based Fifth (EB5): Employment Creation, 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers.
- Note1: Unused numbers can "fall-down" from EB1 to EB2 to EB3. Unused numbers can "fall-up" from EB4 and EB5 to EB1.
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