Current U.S. immigration seems to have been forgotten in a corner. How did the United States, once a dominant force in the immigration market, fall to this point? The main reason lies in the constant changes to U.S. immigration policy, with increasingly difficult thresholds and conditions. Applicants who have already filed are still facing long visa backlogs, which can feel somewhat hopeless. So, what is the current state of U.S. immigration policy and the market? Let us sort it out together and provide a fresh perspective for applicants considering U.S. immigration.
I. Main Classifications of U.S. Immigration Policy
U.S. immigration policy is complex and is generally divided into six major categories:
1. Family-Based Immigration
Family-based immigration accounts for the vast majority of all U.S. immigration. In layman's terms, family-based immigration means that if you have relatives who are U.S. green card holders or citizens, they need to submit an application to the immigration authorities to sponsor you to come to the United States and grant you U.S. status. Family-based immigration is divided into five categories based on the closeness of the relationship (including FB1, FB2A/B, F3, and F4, etc.). Generally, family relationships that can apply for a green card include spouses, parents, children, and siblings of U.S. citizens.
2. Employment-Based Immigration
This is a type of professional immigration based on an employment relationship, divided into five major categories: EB1, EB2, EB3, EB4, and EB5.
2.1 EB1 is collectively known as Priority Worker immigration, which is further divided into three subcategories:
1) EB1A Extraordinary Ability
This mainly refers to outstanding professionals who possess extraordinary ability in the five fields of science, education, art, business, or athletics, have achieved high levels of success, enjoy national or international acclaim, and whose achievements and contributions are widely recognized.
2) EB-1B Outstanding Professors or Researchers
This refers to professors or researchers who have achieved national or international acclaim in a specific scientific or academic field. In addition, the applicant must have at least three years of experience in teaching or research in that academic field.
3) EB-1C Multinational Managers or Executives
Suitable for senior corporate executives with specific educational backgrounds and management experience. However, in the current market, EB1C is a high-risk area for fraud and is under special scrutiny by U.S. immigration authorities, with a relatively low success rate at present.
2.2 EB2 is collectively known as Advanced Degree/Exceptional Ability immigration, which is also divided into two subcategories:
1) EB2A Advanced Degree Category
The applicant must possess an advanced degree and have at least five years of work experience in the field.
2) EB2B Exceptional Ability Category
The applicant must be able to demonstrate their exceptional ability in science/art/business.
3) NIW National Interest Waiver
Applicants generally possess exceptional abilities, and their work in the United States will be of significant benefit to the country.
The first two require a PERM labor certification and require the applicant to have an advanced degree plus work experience; the latter does not require a PERM labor certification because it is granted a waiver for being in the national interest.
2.3 EB3 is collectively known as Skilled/Professional/Unskilled Worker immigration, divided into three categories:
1) Skilled Workers (EB-3 Skilled Workers): Applicants must be able to perform work that requires at least two years of training;
2) Professionals (EB-3 Professionals): Applicants must hold a bachelor's degree;
3) Unskilled Workers (EB-3 Unskilled Workers): Applicants must be able to perform work that does not require two years of training or work experience.
Simply put, EB3 is divided into professional/skilled categories (1 and 2 above) and unskilled categories (3 above).
The professional/skilled category requires at least two years of work experience or a bachelor's degree. For example, chefs, electricians, engineers, lecturers, quality inspectors, etc., belong to the professional/skilled category.
The unskilled category (EW): There are no requirements for education, work experience, gender, or English proficiency. The most common ones for Chinese applicants are in cleaning, food processing, planting, animal husbandry, slaughtering, etc.
2.4 EB4 is a visa category mainly suitable for religious workers
(Chinese citizens are basically not involved in this category.)
2.5 EB5, the famous investment immigration, is mainly divided into two types:
1) Investing $1 million in a new U.S. commercial enterprise;
2) Investing $500,000 in a Targeted Employment Area (TEA) in the United States.
Employment-based immigration categories have fixed quotas. When demand exceeds supply, backlogs occur. There is no global backlog for EB1 and EB4. EB2 has a severe backlog for those born in China and India, but no backlog for those born in other countries. EB3 has a very serious backlog, which may require a wait of about six years. EB5 currently also has a backlog, and the policy faces many uncertainties.
3. Humanitarian Reasons (Asylum)
Common grounds for asylum include religion, politics, race, etc. The United States is a nation of immigrants, so it provides a way for people who have been treated unfairly in other countries to obtain a green card. However, this method usually comes from direct instructions from high-level authorities; it is not a conventional immigration method, and one should not fantasize about obtaining a green card through this route.
4. Diversity Visa Lottery
The purpose of the lottery immigration program is to increase the diversity of the U.S. population. It is generally only open to countries and regions that have had fewer than 50,000 immigrants to the United States in the past five years. As for those born in mainland China, they obviously do not have this opportunity. However, given the negative impact this method has brought to the United States, Trump has expressed his intention to abolish this immigration program.
5. Military Service Immigration
Serving in the U.S. military can not only lead to a quick green card but also direct and rapid naturalization, with no residency time restrictions. The U.S. Army's Military Accessions Vital to the National Interest (MAVNI) program is open to non-citizens and non-green card holders, but it requires some other conditions, and there are some restrictions after obtaining status.
6. Amnesty - Special Acts
The U.S. Congress can grant immigration status or benefits through legislation. Acts sometimes apply to a specific group of people, and can also apply to a specific individual.
II. What Are the Characteristics of the U.S. Immigration System, and Which Are Most Suitable for Chinese Citizens?
In general, the overall characteristic of the U.S. immigration system is the adherence to the unity of principle and flexibility. On one hand, it shines with the light of humanitarian idealism, and on the other hand, it also has pragmatic and utilitarian considerations.
For those born in mainland China, the main, and almost only, pathways to immigrate to the United States are EB-3 and EB-5:
1. The unskilled worker category in EB-3, also known as EW-3, is the most commonly chosen method. However, this method has a long backlog, and while it has almost no requirements for applicants, it requires a wait of about six years.
2. For EB-5, Chinese citizens will basically choose the $500,000 investment project. It should be noted that this method has two disadvantages:
1) The invested project must carry a certain level of risk;
2) The project also has a backlog, requiring a wait of about four years.
However, the advantage of this project is that, by comparison, the backlog is shorter and the investment amount requirement is not high. For applicants who want to immigrate to the United States, in the current era of frequent changes in U.S. immigration policy, it is not necessary to pin all your hopes on this one tree; there are many other immigrant-friendly countries that are more worth choosing.