Washington D.C. Immigration Visa Types and Application Procedures

Employment-Based (EB) immigration visas are granted to individuals based on job skills, education, or investment capacity. These are divided into five tiers:

• EB-1: Persons of extraordinary ability, outstanding professors/researchers, and multinational executives.
• EB-2: Professionals with advanced degrees or exceptional ability, including National Interest Waiver (NIW) applicants.
• EB-3: Skilled workers, professionals with bachelor's degrees, and other workers.
• EB-4: Special immigrants such as religious workers and international organization employees.
• EB-5: Investors who contribute $1,050,000 or $800,000 in a Targeted Employment Area (TEA) and create at least 10 full-time jobs.

Each subcategory varies in terms of petitioning process, visa caps, and green card conditions.

Family-sponsored visas are based on familial relationships with U.S. citizens or lawful permanent residents.

• Immediate Relatives (IR): Includes spouses, parents, and unmarried children under 21 of U.S. citizens — not subject to numerical caps.
• Family Preference (F1–F4): Covers adult children, married children, and siblings — subject to yearly quotas and longer wait times.

Document authenticity and relationship legitimacy are crucial to approval.

Other immigration pathways include:

• K-1 Fiancé(e) Visa: For foreign nationals engaged to U.S. citizens. Must marry within 90 days of entry.
• Diversity Visa (DV) Lottery: Not available to South Korean nationals as of 2025 due to low historical immigration numbers.
• SB-1 Returning Resident Visa: For green card holders who have remained abroad too long and lost status.

Family-based applicants must:

• Submit Form I-130 (Petition for Alien Relative)
• Provide proof of relationship (marriage or birth certificates)
• Submit Form I-864 (Affidavit of Support) from the petitioner
•  

Wait times vary based on visa caps and family category. A consular interview is mandatory.

Employers typically sponsor employment-based applicants via:

• PERM Labor Certification (mandatory for EB-2, EB-3)
• Form I-140 (Immigrant Petition for Alien Worker)
• Proof of employer’s financial standing and job offer details
•  

Self-petitioning is allowed for EB-1A and NIW under USCIS policies, making them advantageous for individuals without employer sponsorship.

EB-5 applicants must:

• Invest at least $1,050,000, or $800,000 in a TEA
• Submit Form I-526 and comprehensive business plans
• Prove lawful source of investment funds
•  

Applicants receive a 2-year conditional green card. After job creation and business operation are verified, Form I-829 is filed to remove conditions.

The process generally includes:

1.Petition Filing (Form I-130/I-140/I-526)

2.Priority Date Tracking (check visa bulletin)

3.National Visa Center (NVC) Submission

• Pay fees
• Submit civil and financial documents

4.Consular Interview

5.Visa Issuance and Entry into U.S.

Applicants already residing in the U.S. may instead apply via Adjustment of Status (Form I-485).

• Visa Quotas: Many family and employment categories experience long waiting times.
• Conditional Residency: Applies to EB-5 and marriage-based green cards within 2 years of marriage.
• Intent Scrutiny: Switching from non-immigrant to immigrant status (e.g., from F-1 to EB-2) may raise issues under the 90-day rule.