A US Immigrant Visa is a stamp on the passport of a foreign national that allows for entry into the United States as a permanent resident. A US Immigrant Visa is commonly obtained through sponsorship from a family member or an employer, immigration investment, diversity lottery, and special immigrant classification. Foreign citizens who are eligible for an Immigrant Visa are family members of US citizens and lawful permanent residents, foreign employees with permanent US jobs, immigrant EB-5 investors, diversity immigrants, and special immigrants.
An Immigrant Visa application is done through consular processing. An immigrant petition must be approved by the U.S. Citizenship and Immigration Services (USCIS) prior to applying for an Immigration Visa at a U.S. embassy or consulate. A successful Immigration Visa application allows foreign citizens to get a Green Card upon arrival to the US.
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What is an Immigrant Visa?
An immigrant visa is a stamp on the passport that allows non-US citizens to enter the United States as permanent residents. An immigrant visa gives foreign citizens the right to live, work, and travel anywhere in the United States without restrictions. US Immigrant Visas are obtained through family sponsorship, employer sponsorship, immigration investment, special immigrant classification, and the diversity lottery.
Who Qualifies to Have an Immigrant Visa?
A US Immigration Visa is granted to foreign citizens who are qualified under a specific Green Card Visa Type. Immigrant visas under family sponsorship are given to foreign citizens who are immediate relatives of U.S. citizens or lawful permanent residents (Green Card holders). A US Immigration Visa through employer sponsorship is given to foreign citizens with permanent jobs in the United States. Immigration through investment is open to foreign nationals who can invest a minimum amount through the EB-5 Visa Program. Diversity lottery stimulates US immigration for foreign nationals with low immigration rates to the US. Special immigrant classifications include asylees, refugees, and widow(er) of US citizens.
What are the Requirements to Obtain an Immigrant Visa?
The requirements for a US Immigrant Visa include forms submitted to the U.S. Citizenship and Immigration Services and the U.S. embassy or consulate. The specific documents you will need for your US Immigrant Visa application will depend on the Green Card Visa Type you are qualified for.
These are the basic forms and documents you need to complete the Requirements for Immigrant Visa.
- Form I-130, Petition for Alien Relatives for immigrants such as foreign spouses and minor children of U.S. citizens and Green Card holders.
- Form I-129F, Petition for Alien Fiancé(e) for foreign fiiancé(e)s of US citizens.
- Form I-600, Petition to Classify Orphan as an Immediate Relative and Form I-800, Application for Determination of Suitability to Adopt a Child from a Convention Country for foreign children adopted by U.S. citizens.
- Form I-140, Immigrant Petition for Alien Worker for foreign citizens with permanent jobs in the US.
- Program Electronic Review Management (PERM) Labor Certification for skilled and unskilled workers, and foreign professionals.
- Form I-864, Affidavit of Support Under Section 213A of the INA for family-sponsored immigrants and some employer-sponsored immigrants.
- Form I-526, Immigrant Petition by Alien Investor for foreign investors under the EB-5 Visa.
- Form I-485, Application to Register Permanent Residence or Adjust Status for applicants within the United States.
- Form I-693, Report of Medical Examination and Vaccination Record.
- DS-260, Immigrant Visa Electronic Application.
- Your valid passport.
- Copy of your birth certificate.
- Copy of a government-issued identity document with your photo.
- Two passport-style photos.
- Court and criminal records and/or police certificate.
What are Immigrant Visa Types?
The type of immigrant visa category you apply for will depend on which Green Card classification you are eligible for. All Green Card eligibility categories are listed on the U.S. Citizenship and Immigration Services (USCIS) website. In this section, we will discuss the 5 most common US Immigrant Visa Types.
1. Family-Based Immigrants
Family-based and immediate relative immigrants are close familial relations of U.S. citizens or lawful permanent residents. Foreign citizens who are often petitioned for the Immediate Relative and Family Preference Immigrant Visa Category are spouses, children, parents, and siblings. A family-sponsored immigrant visa allows foreign citizens and their U.S. citizens or lawful permanent resident relatives to be reunited for good in the United States. Immigrant visas for immediate relatives such as foreign spouses, minor unmarried children, and adopted children are not subject to annual caps.
Here are the U.S. Visa Types for Family-Based Immigrants.
- IR-1 (Immediate Relative), CR-1(Conditional Resident) Visas. For foreign citizens married to U.S. citizens. IR-1 Visa is granted to foreign spouses who have been married to US citizens for more than 2 years. CR-1 Visa is granted to foreign spouses who have been married for less than 2 years to US citizens.
- IR-2 Visa. For the unmarried children under 21 of IR-1 Visa Holders.
- CR-2 Visa. For unmarried children under 21 of CR-1 Visa holders.
- K-3 Visa. For the foreign spouse of a U.S. citizen.
- K-4 Visa. For the unmarried children under 21 of K-4 Visa holders.
- IR-3, IH-3, IR-4, IH-4 Visas. For foreign children adopted by U.S. citizens.
- IR-5 Visa. For the parents of a U.S. citizen older than 21.
- F-3 Visa. For the married sons and daughters of U.S. citizens and their minor children and spouses.
- F-4 Visa. For the sibling of U.S. citizens, their minor children, and spouses.
- F-2A Visa. For the spouses or minor children of U.S. permanent residents.
- F-2B Visa. For the unmarried children over 21 of U.S. permanent residents.
2. Fiancé(e) of U.S. Citizen
Immigrant foreign fiancé(e)s are persons who are engaged to be married to U.S. citizens in the United States. Foreign fiancé(e)s of U.S. citizens are allowed to enter the United States under the K-1 dual intent visa. Dual intent means that K-1 Visa holders are able to enter the U.S. on nonimmigrant status with the intention to apply for a Green Card. Unmarried children under 21 of K1 Visa holders are able to enter the U.S. with a K-2 Visa. Foreign fiancé(e)s must have a minimum of 1 personal contact with their U.S. citizens fiancé(e)s before the K1 Visa application. The Fiancé(e) of U.S. Citizen has to marry within 90 days of their arrival in the US.
3. Employment-Based Immigrants
Employment-based immigrants are foreign workers with permanent jobs in the United States. US Immigrant Visa Types for employment Green Card typically require a Program Electronic Review Management (PERM) Labor Certification from the Department of Labor (DOL). A PERM Labor Certification proves that there is no qualified U.S. worker who can fill the job position of the foreign immigrant worker. Persons with extraordinary ability or National Interest Waiver are not required to have a PERM Labor Certification and employer sponsorship to apply for a US Immigrant Visa. Employment-based immigrant visas for working in the US enable you to work anywhere in the country without restrictions.
These are the U.S. Visa Types for Employment-Based Immigrants.
- EB-1 Visa for persons with extraordinary ability (EB-1A), outstanding professors or researchers (EB-1B), and multinational managers or executives (EB-1C).
- EB-2 Visa for professionals with advanced degrees (EB-2A), persons with exceptional ability (EB-2B), and persons with a National Interest Waiver (EB-2C). A National Interest Waiver proves that the benefits of the foreign worker’s qualifications and endeavors in the US outweigh the need of getting a PERM Labor Certification and sponsorship from a US employer.
- EB-3 Visa for skilled workers, professionals, and unskilled workers.
4. Diversity Immigrants-Visa Lottery
Diversity immigrants are foreign citizens coming from countries with low rates of U.S. immigration (less than 50,000) in the past 5 years. The Diversity Immigrant Visa Program (DV Program) grants Green Cards to Diversity immigrants through random lottery selection. Immigrants from Ethiopia, Nigeria, Egypt, Ukraine, Albania, and Bangladesh were issued at least 40,000 Diversity Visas each from FY1995-FY2017 according to the Yearbook of Immigration Statistics from the Department of Homeland Security Office of Immigration Statistics.
Diversity Visa applicants have to have at least a high school diploma or 2 years of work experience in the last 5 years in a job that requires at least 2 years of experience or training. The Diversity Immigrants-Visa Lottery promotes a more varied migration of foreign citizens into the United States.
5. Special Immigrants- Widow(er), Investor, and Asylee Applicants
Special immigrants are classifications of foreign citizens that are eligible for a US Immigration Visa based on employment, investment, family relations, and refugee or asylee status.
These are the different types of special immigrants that are eligible for a US Immigration Visa.
- EB-4 Visa Immigrants. The EB-4 Visa is an employment-based immigrant visa for widow(er)s of U.S. citizens and special immigrants. Special immigrants in this classification include the following.
- Religious workers
- G-4 International Organization employees
- North Atlantic Treaty Organization (NATO)-6 employees
- Broadcasters in the US
- Afghan or Iraqi translators who worked for or on behalf of the US government
- Panama Canal Company Employee, Canal Zone Government Employee, or US Government in the Canal Zone Employee
- EB-5 Visa Investors. The EB5 Visa is an investment immigration program for foreign investors. A conditional permanent residence of 2 years is granted to a foreign national who can invest a minimum amount in a US business. The investment has to generate at least 10 full-time employment for US citizens. Lawful permanent residence is attained through the removal of conditions on permanent residence if all the requirements of the EB5 Immigrant Investor Visa are met.
- Refugee or Asylee Status. A refugee is a foreign citizen outside their home country who is unable or unwilling to return to his/her home country for fear of persecution due to race, religion, or politics. An asylee is a person within the US who meets the definition of a refugee. Immigrants under this category must have been physically present in the US for at least 1 year before applying for a Green Card for Special Immigrants-Widow(er), Investor, and Asylee Applicants.
- How to Apply for an Immigrant Visa?
The Immigrant Visa Process is done through consular processing through a U.S. embassy or consulate. Here are the 5 steps in the Immigrant Visa Process through consular processing.
- Filing of a petition to the USCIS (Form I-130, Form I-129F, Form I-600, Form I-140, or Form I-526).
- A PERM Labor Certification must be secured prior to an immigrant visa petition for select Employment-Based US Immigrant Visa Types.
- Payment of the Immigrant Visa fee.
- Submit DS-260 online.
- Prepare the supporting documents and bring them with you to your immigrant visa interview.
- Attend the interview at the U.S. embassy or consulate.
How Much is the Immigrant Visa Fee?
The Immigrant Visa Fee is $325. The Immigrant Visa Fee for Form DS-260 is paid through the Consular Electronic Application Center (CEAC) website.
What are the Benefits of an Immigrant Visa?
A US Immigrant Visa allows you and your qualified dependents to reside permanently in the United States as a Green Card holder. Here are the top advantages of gaining a US Immigrant Visa.
- You can live, work, and travel anywhere in the United States as a permanent resident.
- You become eligible for government jobs, social security, and in-state or resident tuition rates.
- You are able to sponsor your immediate family for immigrant visas for them to come and live in the United States.
- You are eligible for U.S. Citizenship after 5 years as a Green Card holder.
Are Immigrant Visas Permanent?
No, the immigrant visa itself is not permanent. The immigrant status of foreign citizens is permanent with a successful immigrant visa application. Immigrant visa holders must enter the United States before the expiration date indicated on their US Immigrant Visa.
How Long is an Immigrant Visa Valid?
An immigrant visa is typically valid for up to 6 months from the date of issuance. Immigrants with medical examinations that expire in less than 6 months will have shortened immigrant visa validities.
Is Immigrant Visa the Same as a Green Card?
No, a US Immigration Visa is different from a US Green Card (Permanent Resident Card). An immigrant visa is a stamp on the passport that allows foreign citizens to be granted entry into the United States as permanent residents. A Green Card (Permanent Resident Card) is a document that is issued to foreign citizens with approved immigrant visas recognizing their status as lawful permanent residents. Foreign citizens must secure an immigrant visa prior to getting a Permanent Resident Card upon entering the United States.
Is it Hard to Get an Immigrant Visa?
Yes, the Immigrant Visa Process can be difficult and complex depending on the visa category you are applying for and the priority date for your country of origin. Recent changes in the US immigration laws have increased the processing times for U.S. visas.
Do I Need an Immigration Lawyer to Obtain Immigrant Visa?
Yes, hiring an immigration lawyer (attorney) saves time and effort in filing for an Immigrant Visa. An immigration lawyer (attorney) is an expert in the laws governing U.S. immigration and helps strengthen your case. An Immigration Attorney helps prepare your paperwork and collect evidence to prove your eligibility for an immigrant visa. Immigration lawyers are able to follow up and communicate with the USCIS or US embassy or consulate on your immigration application status. Immigration lawyers represent you in cases where additional information is needed for your case or if you need to file an appeal regarding the decision on your application.
What is the Difference Between Immigrant Visa and Nonimmigrant Visa?
An immigrant visa and a nonimmigrant visa are 2 different types of visa in USA. A nonimmigrant visa is a stamp on the passport of foreign citizens who are granted temporary U.S. entry. Common applicants for nonimmigrant visas are international students, foreign temporary workers, exchange visitors, and diplomats.
Here are the main differences between a US Immigrant Visa and a US Nonimmigrant Visa
- Purpose. Nonimmigrant visas only grant short-term and temporary stays in the US for education, work, diplomatic and official visits, tourism, and business. Immigrant visas allow for permanent residence in the US.
- Stay in the US. The duration of stay of nonimmigrant visa holders in the US depends on the purpose of their visit to the US. Immigrant visas allow foreign citizens to reside indefinitely in the US.
- Visa limitations. Nonimmigrant visas are limited to the permitted scope of activities specified for their visa class. Immigrant visa holders can travel, work, and study in the US without restrictions.