A constellation of federal actors influences regulations and restrictions on Immigrant Visas. These agencies include the Department of Homeland Security, the U.S. Department of Labor, and the U.S. Citizenship and Immigration Services (USCIS). Let’s take a look at five of the main categories of Immigrant Visas.

1. Family Based Immigrants.

Certain individuals living in the United States may be entitled to petition the USCIS to bring alien relative(s) to the U.S. The duration and restrictions of these visits depend on the status of the person filing, the nature of the family relationships, and the number of family members petitioning. For “limited family based immigrants,” for instance, preference is first given to unmarried children and grand children of U.S. citizens, then to spouses and minor children of lawful permanent residents, then to married children of U.S. citizens, and finally to brothers and sisters of citizens and their spouses/children.

2. Employment Based Immigrants.

Here’s a review of the first four of the five EB Visas. (EB5 Visas will be covered on a later page).

• The EB1 Visa Class. 28.6% of the total visas issued every year must be EB1 Visas. These are reserved for so called “priority workers,” defined as individuals of extraordinary ability in key fields, researchers/academics with international standing, and high-powered corporate executives and managers.
• The EB2 Visa Class. The class also reserves 28.6% of total visa issuance. EB2 Visas are reserved for “second preference” workers. Applicants must demonstrate exceptional abilities in some key area of the arts, sciences, or business; or they must be experienced, credentialed professionals.
• The EB3 Visa Class also reserves 28.6% of the total issuance. This class is for skilled workers, professionals who couldn’t qualify for EB2 Visa classification, and semi-skilled workers.
• The EB4 Visa Class reserves just 7.1% of the total issuance. This class applies to 17 different sub-categories of applicants.

3. Diversity Visa Lottery.

This is a program initiated in 1990 by a special Act of Congress to provide 50,000 U.S. Permanent Resident Cards to foreign nationals deemed “under represented” in the United States. This “Green Card Lottery” (as it is also sometimes called) began to take effect in 1995. Due to fluctuating demographics and immigration rates, countries get added and taken off this list pretty regularly. In 2008, for instance, immigrants from Brazil and Peru ceased to qualify for Diversity Visa Lottery status.

4. Adjustment of Status/Counselor Processing.

To become a permanent resident of the United States after you’ve successfully partitioned for immigration, you can apply for either adjustment of status or counselor processing.

Counselor processing takes place abroad, usually in the applicant’s home country or country of birth.

Adjustment of status petitioning takes place in the U.S.

5. Loss of Permanent Residence.

Permanent residency status is not always “permanent.” Foreign nations can have their residency status revoked for various reasons, including:

• Expiration of permanent residency status (and/or failure to renew this status).
• Violation of U.S. laws or the conditions of permanent residency.
• Failure to qualify for extension of permanent residency.