Updated November 11, 2026
US immigrant visa categories: family, employment, humanitarian and diversity paths
US immigrant visa categories grant lawful permanent resident status (a Green Card) and fall into four primary groups: family-sponsored, employment-based, humanitarian, and diversity or special statutory programs. Immediate relatives of US citizens face no annual numerical limit, while employment-based preference categories share roughly 140,000 immigrant visas each fiscal year according to USCIS. Most applicants need a sponsor to file an initial petition before applying through consular processing abroad or adjustment of status inside the United States.
What is a US immigrant visa, and how do the main categories compare?
An immigrant visa is for foreign nationals moving to the United States permanently. A Green Card holder (lawful permanent resident) is authorized to live and work in the US on a permanent basis, according to the Department of Homeland Security. By contrast, nonimmigrant visas are designed for temporary stays such as tourism, study, or temporary specialized employment.
The Office of Homeland Security Statistics notes that lawful permanent residents may accept employment without special restrictions, own property, receive financial assistance at public colleges and universities, join the Armed Forces, and apply to become US citizens once they meet statutory residency requirements.
USCIS groups permanent resident paths into the categories shown in the table below. Identifying your exact category is the first step because it sets your petition form, determines whether you must wait for an available visa number, and decides whether an employer must test the labor market.
Main US immigrant categories and petition forms from uscis.gov, as of September 2026
| Broad category | Who it covers | Annual numerical cap? | Common initial petition |
|---|---|---|---|
| Immediate relatives of US citizens | Spouses, unmarried children under 21, and parents of US citizens age 21 or older | No, visas are always available | Form I-130 |
| Family preference categories | Adult sons and daughters (unmarried or married) and siblings of US citizens, plus spouses and unmarried children of Green Card holders | Yes, subject to annual limits and priority dates | Form I-130 |
| Employment-based preferences (EB-1 to EB-5) | Priority workers, advanced-degree professionals, skilled and unskilled workers, special immigrants, and immigrant investors | Yes, about 140,000 visas per fiscal year across the 5 preferences | Form I-140, Form I-360, or Form I-526 / I-526E |
| Refugees and asylees | People admitted as a refugee or granted asylum status at least 1 year ago | Applies after 1 year in status | Form I-589 or Form I-730 (prior to Form I-485) |
| Victims of trafficking, crime, or abuse | T nonimmigrants, U nonimmigrants, VAWA self-petitioners, and Special Immigrant Juveniles | Varies by statute | Form I-360, Form I-914, or Form I-918 |
| Diversity and other special categories | Diversity Visa lottery selectees, Cuban Adjustment Act, Liberian LRIF, Registry (residence since before Jan. 1, 1972), and others | Varies by statute | Varies or direct Form I-485 filing |
Family-based immigrant visa categories: immediate relatives vs. family preference
Family reunification represents the largest class of admission under the Immigration and Nationality Act. USCIS divides family-sponsored immigrants into two separate paths based on the sponsor status and the closeness of the family relationship.
Immediate relatives of US citizens never wait in line for an immigrant visa number. USCIS confirms that visas are always available for immediate relatives. If the relative is already legally inside the United States, they can file Form I-485 to adjust status at the same time the US citizen files Form I-130.
Family preference categories cover family relationships that do not qualify as immediate relatives. These preference categories are subject to annual numerical caps, meaning an immigrant visa only becomes available when the applicant's priority date (the filing date of Form I-130) reaches the front of the line.
- Immediate Relative: Spouse of a US citizen, unmarried child under 21 of a US citizen, or parent of a US citizen who is at least 21 years old. It also includes qualifying widows or widowers who were married to a US citizen at the time of death.
- First Preference (F1): Unmarried adult sons and daughters (age 21 or older) of US citizens.
- Second Preference 2A (F2A): Spouses and unmarried children under 21 of lawful permanent residents.
- Second Preference 2B (F2B): Unmarried adult sons and daughters (age 21 or older) of lawful permanent residents.
- Third Preference (F3): Married sons and daughters of US citizens, regardless of age.
- Fourth Preference (F4): Brothers and sisters of adult US citizens (the sponsoring citizen must be at least 21 years old).
- Fiance(e) K-1 and K-2 path: A foreign national admitted as the fiance(e) of a US citizen on a K-1 nonimmigrant visa, or their child on K-2 status, enters on Form I-129F and applies for permanent residence through Form I-485 after marriage.
Employment-based (EB) immigrant visa categories: EB-1 through EB-5
USCIS allocates approximately 140,000 immigrant visas each fiscal year across five employment-based preference groups for principal workers and their qualifying derivative family members. Certain categories require a permanent job offer and petition from a US employer, while others permit self-petitioning.
Most EB-2 and EB-3 cases require the employer to secure a permanent labor certification (Form ETA-9089) from the Department of Labor before submitting Form I-140 to USCIS. This step confirms that there are not enough qualified, willing, and able US workers for the role at the prevailing wage, and that hiring a foreign worker will not harm US wages or working conditions.
Two major exemptions bypass individual labor certification. Department of Labor Schedule A occupations do not require a separate DOL labor certification because DOL has predetermined a shortage: Group I covers physical therapists and professional nurses, and Group II covers people with exceptional ability in the sciences or arts. In addition, EB-2 applicants can request a National Interest Waiver (NIW), which waives the job offer and labor certification requirement when their work benefits the United States.
- First Preference (EB-1) Priority Workers: Persons of extraordinary ability in the sciences, arts, education, business, or athletics, outstanding professors and researchers, and certain multinational managers or executives. Individual labor certification is not required.
- Second Preference (EB-2) Advanced Degree or Exceptional Ability: Members of the professions holding advanced degrees or individuals with exceptional ability in the arts, sciences, or business. Requires a labor certification unless filed under Schedule A or approved for a National Interest Waiver.
- Third Preference (EB-3) Skilled, Professional, and Other Workers: Skilled workers (jobs requiring at least two years of training or experience), professionals (jobs requiring at least a US bachelor degree or foreign equivalent), and other workers performing unskilled labor requiring less than two years of training. Requires a labor certification unless filed under Schedule A.
- Fourth Preference (EB-4) Special Immigrants: Religious workers joining a nonprofit religious organization, Special Immigrant Juveniles needing court protection from parental abuse, neglect, or abandonment, certain Afghan or Iraqi translators and employees, international media broadcasters under the US Agency for Global Media, and retired employees of qualified international organizations or NATO-6.
- Fifth Preference (EB-5) Immigrant Investors: Investors placing capital into a new commercial enterprise that creates full-time jobs for at least 10 qualifying US workers. Requires meeting the statutory capital thresholds outlined in the fee and investment table below without needing a labor certification.
Humanitarian, diversity and special statutory Green Card categories
When family or employment sponsorship is unavailable, federal statutes provide humanitarian protections, the Diversity Immigrant Visa lottery, and special nationality-based programs leading directly to permanent residency.
Refugees and individuals granted asylum may apply for a Green Card after maintaining their status for at least one year. Victims of human trafficking holding a T nonimmigrant visa and crime victims holding a U nonimmigrant visa also have statutory paths to adjust status.
- VAWA self-petitioners: Abused spouses, unmarried children under 21, or parents of US citizens, as well as abused spouses and children of lawful permanent residents, filing under the Violence Against Women Act.
- Diversity Immigrant Visa Program: Individuals selected in the State Department annual diversity lottery from countries with low historic rates of immigration to the United States.
- Cuban Adjustment Act and HRIFA: Qualifying Cuban natives or citizens and their spouses or children, alongside dependents and abused spouses or children qualifying under the Haitian Refugee Immigration Fairness Act.
- Liberian Refugee Immigration Fairness (LRIF): Liberian nationals who have lived continuously in the United States since November 20, 2014, and their qualifying spouses and children.
- Registry: Long-term residents who have continuously resided in the United States since before January 1, 1972.
- American Indians born in Canada: Individuals possessing at least 50% American Indian blood who maintain principal residence in the United States.
USCIS immigrant petition and Green Card fees (2026)
Most permanent resident paths involve paying an initial petition fee followed by an adjustment of status application fee or consular immigrant processing fee. Filing select forms online costs less than filing on paper, as shown in the table below. USCIS offices never accept cash.
Every dollar figure from USCIS fee schedules appears in the table below. By our calculation from Form G-1055 and permanent worker rules, filing Form I-130 and Form I-485 online reduces base fees compared to paper submissions, while choosing a targeted employment area lowers the required EB-5 capital threshold below the standard enterprise requirement.
Fees and statutory investment thresholds from uscis.gov (Form G-1055 edition 10/26/26 and Permanent Workers), as of October 2026
| Form or requirement | Category or filing method | Amount | Who pays or notes |
|---|---|---|---|
| Form I-130, Petition for Alien Relative | Paper filing vs. online filing | $675 paper / $625 online | Paid by the US citizen or permanent resident petitioner |
| Form I-129F, Petition for Alien Fiance(e) | General filing / K-3 spouse based on I-130 | $675 general / $0 for K-3 | Paid by the US citizen petitioner |
| Form I-140, Immigrant Petition for Alien Workers | Paper filing vs. online filing (base fee) | $715 paper / $665 online | Plus Asylum Program Fee: $600 regular petitioner, $300 small employer or self-petitioner, $0 nonprofit |
| Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant | General filing | $515 | $0 for VAWA, Amerasians, and Afghan/Iraqi special immigrants. $0 base plus $250 Pub. L. 119-21 fee for Special Immigrant Juveniles |
| Form I-526 / Form I-526E, Investor Petitions | Standalone (I-526) or Regional Center (I-526E) | $3,675 | Initial Form I-526E regional center filings require an additional $1,000 fee under the EB-5 Reform and Integrity Act |
| Form I-485, Application to Register Permanent Residence or Adjust Status | Applicant over age 14 (paper vs. online) | $1,440 paper / $1,390 online | $0 for refugees, Special Immigrant Juveniles, U and T nonimmigrants, VAWA self-petitioners, and certain Afghan/Iraqi allies |
| Form I-485 (child under 14) | Filed concurrently with one parent's Form I-485 | $950 paper / $900 online | Applies to children under age 14 filing concurrently with a parent |
| Form I-485 Supplement A and Supplement J | Supplement A (INA 245(i)) / Supplement J | $1,000 for Supp A / $0 for Supp J | Supplement A is $0 for unmarried children under 17 or qualifying Family Unity relatives. Supplement J confirms valid job offers or INA 204(j) portability |
| USCIS Immigrant Fee | Consular processing immigrants entering as LPRs | $235 | Paid online to produce the physical Green Card. $0 for orphan/Hague adoptees, Afghan/Iraqi special immigrants, SB-1s, and K nonimmigrants |
| EB-5 statutory minimum investment | Standard commercial enterprise vs. Targeted Employment Area (TEA) | $1,050,000 standard / $800,000 TEA | Must create full-time positions for at least 10 qualifying US workers |
How to apply: adjustment of status inside the US vs. consular processing abroad
The permanent resident application process follows two tracks depending on where you reside. Most applicants require two filings: an immigrant petition establishing eligibility and a permanent residence application.
Applicants inside the United States file Form I-485 with USCIS to adjust status. To adjust status under employment categories, you must have been inspected and admitted or paroled, be physically present in the US at filing, and have an immigrant visa immediately available. When visas are currently available, qualifying applicants can file Form I-485 concurrently with Form I-130 or Form I-140.
Applicants living outside the United States proceed through consular processing with the Department of State. After USCIS approves your immigrant petition, the case moves to the National Visa Center (NVC). When your priority date is current, the NVC sends your file to the US embassy or consulate for interview scheduling.
Individuals immigrating through consular processing must pay the USCIS Immigrant Fee shown in the fee table above online after collecting their visa and before traveling to the US. If the fee is not paid before arrival, Customs and Border Protection stamps the passport with a temporary I-551 stamp that validates permanent resident status for one year, but USCIS will not mail the physical card until payment is completed.
Job portability (INA 204(j)), derivative family, and transfer of basis
In employment categories, a principal applicant's spouse and unmarried children under 21 can apply as derivative beneficiaries. They may file their adjustment applications concurrently with the principal or while the principal's application remains pending.
While Form I-485 is pending, applicants can request employment authorization on Form I-765 and advance parole travel permission on Form I-131. Traveling abroad without an approved advance parole document while an adjustment application is pending generally abandons the application.
Two statutory provisions provide flexibility for employment applicants facing backlogs:
- Job portability under INA section 204(j): If your Form I-485 has been pending for 180 days or more, your approved Form I-140 remains valid even if you change employers, as long as the new job is in the same or a similar occupational classification. You confirm the offer using Form I-485 Supplement J.
- Transfer of underlying basis: If you have a pending Form I-485 under one employment category (such as EB-3) and a visa becomes available in another category where you hold an approved petition (such as EB-2), you can ask USCIS in writing to transfer the pending Form I-485 to the new petition without submitting a new application or fee.
Document checklist for employment-based Form I-485 adjustment of status
Use this checklist based on USCIS guidelines to organize your employment-based adjustment of status submission.
- Form I-485 signed with the correct filing fee from the schedule above.
- Copy of Form I-797 approval or receipt notice for your underlying Form I-140 petition.
- Form I-485 Supplement J confirming a valid job offer, or a signed statement confirming your intent to work in your field if self-petitioning under EB-1 extraordinary ability or an EB-2 National Interest Waiver.
- Two identical passport-style photographs and a copy of your government-issued photo ID.
- Copy of your birth certificate, alongside marriage certificates or adoption records for derivative relatives.
- Copy of your passport page showing your admission or parole stamp, your nonimmigrant visa, and your Form I-94 Arrival/Departure Record.
- Documentation showing you have continuously maintained lawful nonimmigrant status in the US, or proof of qualifying under INA section 245(k).
- Form I-693, Report of Immigration Medical Examination and Vaccination Record, submitted concurrently with Form I-485.
- Form I-864 Affidavit of Support, required only if your Form I-140 was submitted by a relative or an entity where a relative owns 5% or more.
- Certified records of any criminal history, alongside applicable waiver filings (such as Form I-601 or Form I-212).
Practice example
What job will you perform in the United States, and does the job offer in your Form I-140 petition still exist?
For an employment-based permanent residence interview, prepare a clear explanation of your job title, employer, and core responsibilities that aligns with your Form I-140 and approved labor certification. If you are adjusting status inside the United States and require a job offer, have your Form I-485 Supplement J ready to confirm that the job remains available and that you intend to accept it upon approval. If you switched employers after your Form I-485 remained pending for 180 days or more under INA section 204(j), bring your Supplement J and documentation establishing that the new position falls within the same or a similar occupational classification. If you self-petitioned under EB-1 extraordinary ability or an EB-2 National Interest Waiver, provide a signed statement confirming your intent to continue working in your designated professional field.
The officer is verifying that you satisfy the statutory requirements for employment-based permanent residence by ensuring the petitioning employer's job offer remains valid, that job portability under INA 204(j) was properly executed after 180 days, or that a self-petitioner intends to work in their qualifying field.
Frequently asked questions
What is the difference between immediate relative and family preference immigrant visas?
Immediate relatives of US citizens (spouses, unmarried children under 21, and parents of adult citizens) have immigrant visas immediately available with no annual numerical cap. Family preference categories cover adult children and siblings of US citizens alongside spouses and children of Green Card holders, and they must wait for a visa number based on annual caps and their priority date.
How many employment-based immigrant visas are issued each year?
USCIS allocates approximately 140,000 employment-based immigrant visas each fiscal year across the five preference categories. This annual quota covers both the principal workers and their qualifying derivative spouses and unmarried children under 21.
Which employment-based Green Card categories do not require PERM labor certification?
Labor certification from the Department of Labor is not required for First Preference (EB-1), Fourth Preference (EB-4 special immigrants), or Fifth Preference (EB-5 investors). Second Preference (EB-2) and Third Preference (EB-3) cases are also exempt if they qualify under Schedule A shortage occupations or receive an EB-2 National Interest Waiver.
Can I change jobs while my employment-based Form I-485 is pending?
Yes, under INA section 204(j), your approved Form I-140 remains valid if your Form I-485 has been pending for 180 days or more and your new job is in the same or a similar occupational classification. You submit Form I-485 Supplement J without an additional filing fee to verify the new position.
What happens if I enter the US on an immigrant visa without paying the USCIS Immigrant Fee?
Failing to pay the USCIS Immigrant Fee listed in the fee table above does not revoke your lawful permanent resident status. CBP will stamp your passport with a temporary I-551 stamp that validates your status for one year, but USCIS will not mail your physical Green Card until the fee is paid online.
Sources
Checked November 11, 2026.
- Green Card Eligibility Categories, USCIS
- Get a Green Card, Department of Homeland Security
- Lawful Permanent Residents, Office of Homeland Security Statistics
- Permanent Workers, USCIS
- Family of U.S. Citizens, USCIS
- How to Apply for a Green Card, USCIS
- Green Card for Employment-Based Immigrants, USCIS
- G-1055 Fee Schedule, USCIS
- USCIS Immigrant Fee, USCIS
This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.
