(I) Non-Quota Immigrants
Immediate Relatives of U.S. Citizens:
1. Spouses and unmarried minor children (under 21 years of age) of U.S. citizens
2. Parents of U.S. citizens who are 21 years of age or older
Returning Residents:
1. Lawful permanent residents who previously resided in the U.S. and are returning after visiting a foreign country for more than one year
2. Quota-based immigrants: After the application is approved, one must still wait for a visa number to become available.
☆ Family-Based Immigration (226,000 annual quota):
1. First Preference (FB1)
· Quota: 23,400
· Unmarried adult children of U.S. citizens and their minor children (under 21 years of age)
2. Second Preference (FB2)
· Quota: 114,200 + unused FB1 visas
· (2A) (77%): Spouses and unmarried minor children (under 21) of permanent residents
· (2B) (23%): Unmarried adult children (21 or older) of permanent residents
3. Third Preference (FB3)
· Quota: 23,400 + unused FB1 and FB2 visas
· Married adult children of U.S. citizens, and their spouses and minor children
4. Fourth Preference (FB4)
· Quota: 65,000 + unused FB1, FB2, and FB3 visas
· Siblings of U.S. citizens, and their spouses and minor children
Employment-Based Immigration (140,000 annual quota):
1. Priority Workers (EB-1): (28.6% of quota)
Category 1: Extraordinary Ability Aliens in sciences, arts, education, business, or athletics
Note: No employer required, no labor certification required
Criteria: Applicants must provide at least three of the following proofs:
Receipt of internationally recognized awards, such as the Nobel Prize, Emmy Award, etc.
Membership in international academic associations that require outstanding achievements for membership
Published material in professional publications about the applicant's work
Participation as a judge of the work of others in the field
Original scientific, scholarly, artistic, or business-related contributions of major significance
Authorship of scholarly articles or completion of multiple successful works
Performance in a leading or critical role for distinguished organizations or companies, with high compensation
Category 2: Outstanding Professors and Researchers
Note: Must be sponsored by a U.S. employer, no labor certification required, requires three years of experience
Criteria: Applicants must provide at least two of the following proofs:
Receipt of internationally recognized awards
Membership in international academic associations that require outstanding achievements
Published material in professional publications about the applicant's work
Participation as a judge of the work of others in the field
Authorship of scholarly books or articles in the field
Evidence of original research contributions
Category 3: Managers or Executives subject to international transfer to the U.S.
Must have at least one year of managerial experience within the three years prior to application; no labor certification required
Usually enter the U.S. on an L visa first, then convert to a Green Card
2. Advanced-Degree Professionals (EB-2): (28.6% of quota + unused EB1 visas)
Category 1: Exceptional Ability Aliens in sciences, arts, education, business, or athletics
Note: Must be sponsored by a U.S. employer, labor certification required
Criteria: Must prove that the applicant's special skills will benefit the United States
Category 2: Professionals with Advanced Degrees or Equivalent
Note: Must be sponsored by a U.S. employer, labor certification required
Criteria: Master's degree or Bachelor's degree plus five years of experience
3. Professionals with Baccalaureate Degrees, Skilled and Un-Skilled Workers (EB-3): (28.6% of quota + unused EB1 and EB2 visas)
Professionals: Must have at least a university degree
Skilled Workers: At least two years of experience
Unskilled Workers: (Maximum 10,000 per year)
Note: Labor certification required
4. Special Immigrants (EB-4): (7.1% of quota)
Such as overseas U.S. government employees, religious workers
5. Investors (EB-5): (7.1% of quota)
Requires an investment of $500,000 to $1,000,000 or more in the U.S., creating a new company and hiring ten U.S. citizens or permanent residents
Diversity Immigration (Annual quota varies, approximately 55,000)
1. Note: The U.S. provides a quota for people from countries with low immigration rates to balance diversity, determined by a lottery system.
2. Criteria: Must have at least a high school education, and apply by mail using a specific envelope size within the designated time. Each person is limited to one application; exceeding this will result in disqualification.
3. Remarks: No fee required. Individuals born in mainland China are not eligible to apply. Hong Kong, Singapore, and Japan are eligible.
Asylum and Refugees (No quota limit, 100,000 processed annually):
In 1981, through the Refugee Act, asylum and/or refugee status is granted to any foreign national who is outside their home country (or already within the U.S.) and is unable or unwilling to return due to persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
Difference between Refugees and Asylum: Both fall under the same category. The most important difference is that refugee applications must be made outside the applicant's home country, while asylum applications can be made within the United States.
Usually, the application must be filed within one year of arriving in the U.S., unless you can prove special circumstances that prevented you from applying within one year.
If you have been in the U.S. for more than one year, please consult relevant organizations.
Must provide sufficient evidence of having experienced persecution or having a well-founded fear of persecution in your home country based on race, religion, nationality, membership in a particular social group, or political opinion.
· If you meet the criteria, your asylum application will be approved unless USCIS proves that conditions in your home country have significantly improved.
Asylum allows you temporary stay and work authorization in the U.S. An asylum seeker may seek derivative status for his or her spouse and children.
180 days after filing the application, if no notice has been received, you may apply for an Employment Authorization Document (EAD).
(II) Immigration Quotas
Immigration quotas are the number of immigrants allowed to enter the U.S. annually as stipulated by U.S. immigration law. Being subject to quotas is a very important consideration for those wishing to immigrate to the U.S. For any immigration application, if there is no quota available for the category, even if the application is approved, one cannot immigrate or immediately become a permanent resident; the waiting time depends on the length of the quota backlog. In a sense, if the waiting period is too long—for example, the waiting period for siblings of U.S. citizens and unskilled workers is generally over 10 years—the immigration application, even if approved, is almost nominal. This is because, according to regulations, when the quota becomes available, the relationship between the applicant and the beneficiary and the basis for the application must remain the same as at the time of filing. If there are changes, especially significant ones, the beneficiary of the application still cannot obtain a Green Card.
Since the allocation of quotas is not determined by the number of applicants, and coupled with restrictions on certain countries, different categories have different waiting periods. The same category may also have different waiting periods depending on the country. Therefore, those filing immigration applications should, if there is room for choice in categories, weigh the pros and cons of specific categories for themselves after understanding the waiting periods for each quota before making a final decision.
