Types of Visas Overview and Types of Visas Categories

Employment-Based (EB) visas are granted based on job skills or investment capacity. They are divided into five preference tiers. The EB-1 category covers persons of extraordinary ability and multinational executives lacking labor certification requirements. EB-2 applies to professionals with advanced degrees, including National Interest Waiver (NIW) candidates. EB-3 caters to skilled workers, while EB-4 covers special immigrants. Finally, the EB-5 category requires significant capital contribution. Navigating these Business Immigration pathways requires meeting strict evidentiary standards.

Family-sponsored visas are based on relationships with U.S. citizens or lawful permanent residents. Immediate Relatives (IR) include spouses, parents, and unmarried children under 21 of citizens and are not subject to caps. Family Preference categories (F1 to F4) cover other relatives but are subject to yearly quotas and waiting times. Document authenticity is crucial in these categories. Family based immigration requires meticulous documentation to prove the relationship validity to adjudicators.

Family-based applicants generally submit Form I-130 along with proof of relationship, such as marriage certificates, and Form I-864 (Affidavit of Support) to prove financial sufficiency. For employment visas, employers typically sponsor applicants via PERM Labor Certification, mandatory for EB-2 and EB-3 to protect U.S. labor markets. This is followed by Form I-140. Self-petitioning is allowed for EB-1A and NIW, offering advantages for individuals without employer sponsorship.

EB-5 applicants must meet financial thresholds to qualify for a green card. Applicants must invest at least 1,050,000 dollars, or 800,000 dollars if in a Targeted Employment Area (TEA), and create 10 full-time jobs. They submit Form I-526 and business plans to demonstrate enterprise viability. Applicants initially receive a 2-year conditional green card. Form I-829 is filed later to remove conditions. Investment Immigration demands rigorous documentation to prevent money laundering concerns.

The process begins by filing the appropriate petition (Form I-130, I-140, or I-526) with USCIS. Once approved, applicants track their priority date via the Visa Bulletin. The case transfers to the National Visa Center (NVC) for fee payment and document submission. The final stage is the consular interview at a U.S. embassy abroad to determine admissibility. Visa issuance and U.S. entry follow a successful interview.

Applicants already lawfully residing in the U.S. may apply via Adjustment of Status (Form I-485) instead of consular processing. This allows the applicant to remain in the U.S. while the case is pending and apply for work authorization. Maintaining valid non-immigrant status until the adjustment application is filed is critical. This path offers advantages but requires careful timing to avoid unlawful presence issues.

Many categories face long waits due to annual congressional quotas. Applicants in oversubscribed categories may wait years for a current priority date. Additionally, conditional residency applies to EB-5 investors and recent marriage-based green card holders. These residents must file to remove conditions before their card expires or face deportation. Understanding these timelines is vital for maintaining lawful status.

Switching from non-immigrant to immigrant status, such as F-1 to EB-2, requires managing "dual intent." U.S. law scrutinizes whether a visa holder preconceived an intent to immigrate, which can be a ground for inadmissibility. The "90-day rule" is often used to presume misrepresentation if a person applies for a green card shortly after entering on a temporary visa. Proper timing and documentation are the best defenses against intent-based denials.