Foreign citizens who want to live permanently in the United States must first obtain an immigrant visa. This is the first step to becoming a lawful permanent resident. Most immigrants receive visas in the family or employment based visa categories. To be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative, U.S. lawful permanent resident, or a prospective employer, with a few exceptions, explained below.
- Immediate Relatives — Spouses and children (under 21) of U.S. citizens; parents of U.S. citizens over 21; and certain widows and widowers of U.S. citizens.
- Family-sponsored Immigrants
- Unmarried sons and unmarried daughters of U.S. citizens.
- Spouses & unmarried sons and unmarried daughters of permanent resident aliens.
- Spouses or children (under 21) of permanent resident aliens.
- Unmarried sons or unmarried daughters of permanent resident aliens.
- Married sons and married daughters of U.S. citizens.
- Brothers and sisters of U.S. citizens.
- Employment-based Immigrants
- First Preference — Priority Workers
- Aliens with extraordinary ability in the sciences, arts, education, business, or athletics.
- Outstanding professors and researchers.
- Certain multi-national executives and managers.
- Second Preference — Certain Professionals
- Members of the professions with advanced degrees or the equivalent.
- Aliens of exceptional ability in sciences, art, or business.
- Waiver of job offer if alien’s services are in the national interest.
- Third Preference — General Workers
- Skilled workers with at least two years training or experience.
- Professionals with baccalaureate degrees and who hold professional jobs.
- Other workers or unskilled labor.
- Fourth Preference — All Special Immigrants Except Returning Residents and Former U.S. Citizens.
- Fifth Preference — Employment Creation; Aliens engaging in a new commercial enterprise which has been established or is actively in the process of investing a specified amount creating full time employment for not fewer than ten U.S. workers and which will benefit the U.S. economy.
- First Preference — Priority Workers