A Comprehensive Guide to U.S. Immigration Categories

A Comprehensive Guide to U.S. Immigration Categories

The wave of U.S. immigration continues; are you also considering it? There are many types of U.S. immigration, but which pathway is right for you? We have compiled a complete set of U.S. immigration categories for you, which we will introduce one by one below.

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The wave of U.S. immigration continues; are you also considering it? There are many types of U.S. immigration, but which pathway is right for you? We have compiled a complete set of U.S. immigration categories for you, which we will introduce one by one below.


I. Four Categories of Immigration Pathways and Their Percentages


The four major categories for obtaining a U.S. Green Card are:

1. Employment-Based

2. Family-Based

3. Humanitarian-Based (i.e., refugees and asylees)

4. Other Categories

According to USCIS data, a total of 569,961 Green Cards were approved in fiscal year 2016, including 278,523 family-based, 110,406 employment-based, 152,751 humanitarian-based, and 28,281 in other categories.




II. Employment-Based Immigration


Employment-based immigration includes work-based or investment-based immigration, specifically: obtaining a job offer in the U.S., investing in the U.S., self-petitioning, or special occupations. These four forms are further divided into EB-1, EB-2, EB-3, EB-4, and EB-5 based on the applicant's qualifications and priority, with EB-1 being the highest priority and having the fastest processing cycle. So, what do these categories mean? We will answer them one by one below.


EB-1A: Extraordinary Ability

Requires receiving a major international award (such as a Nobel Prize, Oscar, Olympic medal, etc.) or meeting 3 of the 10 application requirements set by the USCIS.


EB-1B: Outstanding Professors or Researchers

The criteria are: must demonstrate that their research in a specific academic field is internationally recognized; have over 3 years of experience in research or teaching in that academic field; come to the U.S. to work at a corresponding professional institution or school, with the employer filing Form I-140; and meet at least 2 of the 6 USCIS standards.


EB-1C: Multinational Managers or Executives

Must be employed by a U.S. company, and the company must file the application.


EB-2: Professionals with Advanced Degrees or Exceptional Ability

This program is mainly aimed at experts with exceptional ability in the fields of science, arts, or business. Except for the National Interest Waiver (NIW), a certificate issued by the Department of Labor is required (the basis for the Department of Labor issuing this certificate is to ensure that there are not enough U.S. workers qualified for the job in that field, and that the introduction of this person will not have an adverse effect on the wages and working conditions of other similarly employed workers in the country).


EB-3: Skilled Workers/Professionals/Other Workers

The difference between this category and EB-2 is:

1. The educational requirements are lower than EB-2, requiring only a bachelor's degree or higher with two years of work experience or skills training;

2. Applicants must first apply for a labor certification.


EB-4: Special Immigrants

Special immigrant groups include: Afghan/Iraqi translators, broadcasters, employees of international organizations, Iraqis who assisted the U.S. government, foreign military personnel entering under the SOFA agreement, Panama Canal employees, physicians with national interest waivers, and religious workers.


EB-5: Investment Immigration

Investors must invest in an enterprise project and successfully create 10 full-time jobs, meet a certain investment amount, and submit Form I-526. This is currently one of the most popular ways to immigrate to the U.S.


III. Family-Based Immigration


This refers to relative-based immigration, including immediate relatives of citizens, siblings, spouses, and unmarried children. There are no quotas or waiting periods for immediate relatives applying for a Green Card; they can apply and be approved immediately. Non-immediate relatives must file Form F-1, and applicants born in mainland China generally have to wait for 7 years.


IV. Humanitarian-Based Immigration


Humanitarian immigration targets include refugees and asylees. Refugee applicants must be outside the U.S. and must apply for a Green Card one year after entry; asylees must be in the U.S. and can apply for a Green Card after staying for one year. Both types of applicants may be exempt from fees such as the I-589 processing fee and fingerprinting fee.


V. Other Immigration Pathways


This mainly includes four categories: Diversity Visa (Lottery), K-visas, LIFE Act immigration, and Special Immigrant Juveniles. The Diversity Visa has a quota of 50,000 per year to ensure the diversity of immigrants to the U.S. (applicants whose country of origin has had fewer than 50,000 immigrants to the U.S. in the past 5 years are eligible to apply); K-visas are for the fiancés/fiancées of U.S. citizens and their children under 18, who must marry their U.S. spouse within 90 days of entry and can then adjust their status; LIFE Act immigration allows certain foreigners who cannot apply for a Green Card to adjust their status within the U.S., though this does not apply to most people; Special Immigrant Juveniles include abused, abandoned, or neglected juveniles in the U.S. Even if their parents do not have legal status, they can apply for immigration as long as they are unmarried, but such immigrants are permanently barred from sponsoring their parents for a Green Card.

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