Immigration to the United States is governed by a set of eligibility criteria and conditions that vary depending on the visa or residency category. Below is an overview of the primary immigration categories and the conditions under which they apply:

1. Family-Based Immigration

  • Immediate Relatives of U.S. Citizens:
    • Spouses, unmarried children under 21, and parents of U.S. citizens (if the citizen is 21 or older).
    • No annual visa cap; visas are always available.
  • Family Preference Categories:
    • Unmarried children (21 or older) of U.S. citizens.
    • Spouses and unmarried children of lawful permanent residents (green card holders).
    • Married children of U.S. citizens.
    • Siblings of U.S. citizens (if the citizen is 21 or older).
    • Subject to annual visa caps and priority dates.

2. Employment-Based Immigration

  • Temporary Work Visas:
    • H-1B: Specialty occupations requiring a bachelor’s degree or higher.
    • L-1: Intra-company transferees.
    • O-1: Individuals with extraordinary ability in sciences, arts, education, business, or athletics.
    • Others: E-2 (investors), TN (NAFTA professionals), etc.
  • Employment-Based Green Cards:
    • EB-1: Priority workers (extraordinary ability, outstanding professors/researchers, multinational executives).
    • EB-2: Professionals with advanced degrees or exceptional ability.
    • EB-3: Skilled workers, professionals, and other workers.
    • EB-4: Special immigrants (religious workers, broadcasters, etc.).
    • EB-5: Investors creating jobs through substantial investments.
    • Subject to annual visa caps and labor certification (for certain categories).

3. Humanitarian-Based Immigration

  • Refugees:
    • Granted to individuals outside their home country who face persecution due to race, religion, nationality, political opinion, or membership in a particular social group.
  • Asylees:
    • Granted to individuals who are already in the U.S. or seeking entry at a port of entry and meet the criteria for refugee status.
  • Temporary Protected Status (TPS):
    • Designated for nationals of countries facing conditions that temporarily prevent safe return (e.g., armed conflict, natural disasters).
  • U and T Visas:
    • U Visa: For victims of certain crimes who assist law enforcement.
    • T Visa: For victims of human trafficking.

4. Diversity Visa (DV) Program

  • Also known as the Green Card Lottery.
  • Open to nationals of countries with low immigration rates to the U.S.
  • Requires at least a high school education or equivalent work experience.
  • Limited to 55,000 visas annually.

5. Student and Exchange Visitor Visas

  • F-1 Visa:
    • For students pursuing academic studies at a U.S. institution.
  • M-1 Visa:
    • For students pursuing vocational or non-academic studies.
  • J-1 Visa:
    • For individuals participating in exchange programs (e.g., research, teaching, internships).
  • Requires financial proof to cover expenses and ties to the home country.

6. Citizenship and Naturalization

  • Naturalization:
    • Requires lawful permanent residence for 5 years (3 years if married to a U.S. citizen).
    • Demonstrates good moral character, physical presence, and knowledge of English and U.S. civics.
  • Birthright Citizenship:
    • Granted automatically to individuals born in the U.S. or its territories.

7. Special Categories

  • VAWA (Violence Against Women Act):
    • Allows certain victims of abuse to self-petition for a green card.
  • Deferred Action for Childhood Arrivals (DACA):
    • Provides temporary protection from deportation and work authorization to eligible undocumented individuals brought to the U.S. as children.
  • Military Service:
    • Special pathways to citizenship and residency for members of the U.S. armed forces and their families.