An immigrant is someone who is coming to live in the U.S. on a permanent basis. There are two categories of immigrant visas, Employment-based and Family-based.

I. Employment-based Immigrant Visa

There are five preference categories within employment-based visas. Whether an immigrant visa is available at a given time depends on the preference category of the underlying visa petition. The following are the available visa categories.

1. Priority workers - First Preference (EB-1)
   EB-1 includes persons of extraordinary ability, outstanding professors and researchers, and multinational executives and managers.
2. Advance degree professionals and aliens with exceptional ability - Second Preference (EB-2)
   EB-2 includes professionals holding advanced degrees and other qualifying persons with exceptional ability.
3. Skilled workers, professionals, and other workers - Third Preference (EB-3)
   EB-3 includes skilled workers, professionals, and other qualifying workers.
4. Special immigrants - Fourth Preference (EB-4)
   EB-4 includes religious workers and government employees.
5. Employment creation immigrants - Fifth Preference (EB-5)
   EB-5 includes persons who intent to enter the U.S. for the purpose of engaging in a qualifying new commercial enterprise.

II. Family-based Immigrant Visa

The immigrant's relationship to a U.S. citizen or a Legal Permanent Resident [a person with a U.S. green card] provides the basis for obtaining the immigrant visa. Immigrant visas are available for immediate relatives of U.S. citizens in a relatively short period of time. Immediate relatives are defined as follows:

• a spouse of a U.S. citizen;
• a child (under 21) of a U.S. citizen;
• a parent of a U.S. citizen who is at least 21.

• an unmarried son or daughter (over 21) of a U.S. citizen;
• a spouse or child or an unmarried son or daughter of a Legal Permanent Resident;
• a married son or daughter of a U.S. citizen;
• a brother or sister of a U.S. citizen.

If you would like more information on specific requirements of an immigrant visa, please contact us online at your convenience.