The United States issues approximately 1 million green cards each year, granting legal permanent residency. Lawful permanent residents can stay in the U.S. indefinitely as long as they do not commit any offenses that would lead to the revocation of their green card, and they can apply for citizenship within five years.
The current system was established in 1965 and underwent revisions in 1990. Around two-thirds of green cards are issued based on family relationships, while the rest are granted for employment or humanitarian reasons. The Diversity Visa Lottery is also open to individuals from countries underrepresented in the U.S., including many African nations.
The U.S. also issues temporary visas annually, admitting tens of thousands of workers, foreign students, and exchange visitors.
Here is a concise guide to legal immigration pathways in the U.S., covering both permanent and temporary routes.
Individuals who obtain lawful permanent residency in the U.S., commonly referred to as a “green card,” can live and work in the country indefinitely. Green cards can be acquired through family sponsorship, employment, humanitarian programs, or other avenues.
Family-Based Categories:
– U.S. citizens can sponsor immediate family members without numerical limits.
– U.S. citizens can sponsor spouses, unmarried children under 21, and parents.
Family-Based Preferences:
– U.S. citizens can sponsor unmarried children over 21, married children, and siblings. Green card holders can sponsor spouses and unmarried children, with an annual quota of 226,000.
Employment-Based Categories:
EB visas with an annual quota of 140,000.
These are based on five main categories related to skills, job opportunities, or investments:
– EB-1: Outstanding talents, professors, researchers, and multinational company executives.
– EB-2: Highly skilled professionals.
– EB-3: Skilled workers, professionals, and other workers.
– EB-4: Special groups, including religious workers and certain U.S. government employees.
– EB-5: Investors.
Other Permanent Pathways:
Refugees and asylees with no limits.
Individuals can apply for refugee or asylum status one year after obtaining it in the U.S.
Diversity Visa Lottery:
Awarded to applicants from countries historically low in immigration to the U.S., with millions applying each year and an annual quota of 55,000.
These visas allow individuals to temporarily reside and work in the U.S., typically for purposes such as work, study, or travel. These visas do not lead to permanent residency but can sometimes be renewed or extended.
B, C, and D visas are issued to tourists, business visitors, and crew members of ships or planes. These visas usually permit stays of less than six months.
F, J, and M visas are granted to academic students, exchange visitors, and vocational students. These visas allow stays ranging from a few months to several years, depending on the program.
H-1B visas:
With an annual quota of 85,000, including exemptions.
These are granted to technical professionals, reserving 20,000 slots for U.S. master’s degree holders. Certain positions, such as in higher education, are not subject to quotas.
H-2A visas:
Unlimited.
Applicable to agricultural workers, typically valid for up to one year.
H-2B visas:
With an annual quota of 66,000, plus additional DHS exemptions.
Designed for seasonal non-agricultural workers, often in industries like construction or hospitality. The DHS can expand this cap as needed.
L visas:
Unlimited.
Intended for intra-company transfers, typically with a validity period of three years, extendable up to seven years.
O visas:
Unlimited.
For outstanding talents, typically valid for three years but extendable indefinitely.
TN visas:
Unlimited.
For Mexican and Canadian professionals, with indefinite renewal every three years.
These programs provide temporary relief for individuals facing special circumstances or emergencies. There are no statutory limits to these programs, and they do not automatically grant green cards.
Granted to citizens from countries experiencing armed conflicts, natural disasters, or other crises. This status is valid for 6 to 18 months, with extensions at the discretion of the Secretary of Homeland Security.
Awarded to citizens from unstable countries to prevent deportation. Similar to Temporary Protected Status but granted at the discretion of the President rather than the DHS.
For individuals brought to the U.S. before turning 16, they must meet specific educational and residency criteria. This status provides work authorization and temporary protection against deportation but does not lead to permanent residency. Since the court ruling in 2021, DHS has approved two-year renewals but does not accept initial applications.
Permission to enter the U.S. for emergency humanitarian reasons or significant public interest, applied in exceptional circumstances. Groups like Ukrainians, Cubans, and Haitians may face caps on certain programs while others have no limits. Parolees can apply for work permits.
Country/Region-specific limits, waiting times, and a large backlog of cases have made the process of obtaining green cards or temporary visas complex.
Quota Limits by Country/Region:
Each country/region can receive a maximum of 7% of family-based and employment-based green cards each year. This means that countries/regions with large numbers of applicants like India and China may face fierce competition.
Waiting Times:
Due to high demand and limited quotas, some countries/regions and visa categories have extremely long waiting times. Some applicants may have to wait over twenty years to receive a green card.
Backlog of Cases:
Currently, about 3.7 million family-based green card applicants are awaiting processing, along with approximately 121,000 employment-based green card applicants. The demand far exceeds the supply, and slow processing times mean that the backlog of cases continues to grow.
Additionally, President Trump is proposing the “Trump Gold Card” to replace the EB-5 visa program for investors, with a green card fee as high as $5 million.
(Based on reporting from the Associated Press)