USA Visa & Immigration Guide

Types of Visas and How to Choose

A complete guide to US nonimmigrant and immigrant visa categories, including tourist, student, work, and Green Card pathways.

The US Visa System: Nonimmigrant vs. Immigrant

The United States immigration system is governed by the Immigration and Nationality Act (INA) and administered by two primary agencies: the U.S. Department of State (DOS), which issues visas abroad through its network of embassies and consulates, and U.S. Citizenship and Immigration Services (USCIS), which adjudicates immigration petitions and applications inside the country. According to State Department Visa Resources, all US visas fall into two broad categories: nonimmigrant visas, which allow people to visit the United States for short periods and for specific purposes, and immigrant visas, which allow people to move to the United States permanently. Understanding this fundamental distinction is the first step in determining which visa category applies to your situation.

Nonimmigrants are foreign nationals admitted temporarily to the United States mostly within classes of admission defined in section 101(a)(15) of the INA. As documented in the DHS Office of Immigration Statistics Annual Flow Report, in 2021 DHS granted 35 million nonimmigrant admissions to the United States, and the major purposes authorized include temporary visits for business or pleasure, academic or vocational study, temporary employment, and representation of a foreign government or international organization. To qualify for admission in a nonimmigrant status, a foreign national generally must establish that the visit will be temporary, agree to depart at the end of the authorized stay, possess a valid passport, maintain a foreign residence in most cases, be admissible to the United States or have a waiver for any grounds of inadmissibility, and agree to abide by the terms and conditions of admission.

Immigrant visas, by contrast, are for those who intend to live in the United States permanently. According to State Department immigrant visa information, immigrant visas are based on family ties, employment, and the diversity visa lottery program. Lawful Permanent Residents (LPRs), commonly known as Green Card holders, are aliens who are lawfully authorized to live permanently within the United States. LPRs may accept an offer of employment without special restrictions, own property, receive financial assistance at public colleges and universities, and join the Armed Forces — and they may apply to become U.S. citizens if they meet certain eligibility requirements, according to DHS LPR information.

Visitor Visas: Tourism, Business, and Medical

For those visiting the United States temporarily, the primary visa categories are the B-1 (temporary visitor for business) and B-2 (temporary visitor for pleasure/tourism). According to State Department visa resources, a foreign national traveling to the United States for tourism needs a visitor visa (B-2) unless qualifying for entry under the Visa Waiver Program. Tourism is defined as a short visit for vacation, for visiting family and friends, or for medical treatment. The B-1 visa is for those conducting temporary business, such as attending meetings, conferences, or negotiating contracts — but not for actual employment. In fiscal year 2021, temporary visitors for pleasure and business together accounted for 76 percent of all I-94 nonimmigrant admissions, according to DHS nonimmigrant admissions data.

Student and Exchange Visitor Visas (F-1, M-1, J-1)

The United States supports international education and welcomes foreign students and exchange visitors, according to State Department study visa information. There are two main student visa categories: the F-1 visa for nonimmigrant students enrolling in academic programs at a university, college, high school, private elementary school, seminary, conservatory, or another academic institution including English language programs; and the M-1 visa for nonimmigrant students enrolling in technical programs at vocational or other recognized nonacademic institutions, other than a language training program. This distinction matters because F-1 and M-1 visas have different rules for work authorization and program transfers, as explained on the ICE SEVIS students page. Before applying for a student visa, students must first be accepted by a Student and Exchange Visitor Program (SEVP)-certified school and receive the Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status."

The J-1 exchange visitor visa is for individuals approved to participate in work- and study-based exchange visitor programs. As detailed in the DS-2019 form documentation from studyinthestates.dhs.gov, J-1 exchange visitor categories include students, trainees, teachers, professors and research scholars, short-term scholars, specialists, international visitors, government visitors, alien physicians, au pairs, camp counselors, and summer work/travel participants. An important provision for J-1 visa holders is the two-year home-country physical presence requirement: exchange visitors whose programs are financed in whole or in part by either their government or by the U.S. Government are required to reside in their home country for 2 years following completion of their program before they are eligible for immigrant status, temporary worker status, or intracompany transferee status. Academic students on J-1 visas may remain for the duration of their degree program plus an additional 18 months of academic training if recommended by their sponsor.

Work Visas: Temporary Employment Categories

To work in the United States temporarily as a lawful nonimmigrant, temporary workers must qualify for the available visa category based on the planned employment purpose, according to State Department employment visa information. The most common work visa categories include the H-1B for workers in specialty occupations (601,594 admissions in fiscal year 2019, falling to 148,603 in 2021 due to pandemic restrictions, according to DHS OIS data); the H-2A for agricultural workers (442,822 in 2019, rising to 586,992 in 2021); the H-2B for nonagricultural workers (129,126 in 2019); and the L-1 for intracompany transferees (698,794 in 2019). The O-1 visa is available for workers with extraordinary ability or achievement (163,342 admissions in 2019). The TN visa is available for Canadian and Mexican national professional workers under NAFTA/USMCA (725,929 admissions in 2019), and treaty traders and investors may qualify for E-1 or E-2 visas (515,672 admissions in 2019).

Immigrant Visas: Pathways to Permanent Residency

Immigrant visas are the gateway to becoming a Lawful Permanent Resident (Green Card holder). According to State Department immigrant visa information, immigrant visas are based on family ties, employment, and the diversity visa lottery. Family-based immigrant visas are available for certain family members of U.S. citizens and lawful permanent residents (Green Card holders). Immediate relatives of U.S. citizens — spouses, unmarried children under 21, and parents of adult citizens — are not subject to annual numerical limits and may immigrate as soon as visa processing is complete. Other family-based preference categories (adult children, siblings) are subject to annual numerical caps and may face multi-year waiting periods tracked through the monthly Visa Bulletin published by the State Department.

Employment-based immigrant visas are available for permanent employment or investment by entrepreneurs, according to State Department resources. The five preference categories (EB-1 through EB-5) accommodate priority workers of extraordinary ability, advanced degree professionals, skilled workers, certain special immigrants, and immigrant investors. The Diversity Visa program makes a limited number of visas available annually to persons from countries with historically low rates of immigration to the United States who meet strict eligibility requirements including at least a high school education or two years of qualifying work experience within the past five years.

Visa Waiver Program and ESTA

Citizens or nationals of 40 participating Visa Waiver Program (VWP) countries may travel to the United States for business or tourism for stays of up to 90 days without obtaining a visa, according to DHS travel document requirements. However, VWP travelers must obtain Electronic System for Travel Authorization (ESTA) approval before boarding a carrier to the United States. The official ESTA application is available at esta.cbp.dhs.gov. Passport requirements for VWP travel are strict: as of April 1, 2016, all travelers must have an e-passport (an enhanced secure passport with an embedded electronic chip denoted by the international e-passport symbol) to use the VWP. Additionally, all VWP country passports must have a machine-readable zone and a digital photograph printed on the data page rather than glued or laminated.

• Must be a citizen or national of a Visa Waiver Program participating country
• Must have a valid e-passport with biometric chip
• Must obtain ESTA authorization before travel (apply at esta.cbp.dhs.gov)
• Stay limited to 90 days or less
• Travel must be for tourism, business, or transit only — not for study or employment
• Must not have been denied a US visa, been refused admission to the US, or have overstayed a previous VWP admission
• Must not have traveled to or been present in Cuba, Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 (with limited exceptions)

Application Process Step by Step

A practical step-by-step guide to applying for US nonimmigrant and immigrant visas, from initial petition through arrival and maintaining status.

Nonimmigrant Visa Application: The Standard Process

The standard nonimmigrant visa application process begins with determining your visa category using the State Department's Visa Wizard or reviewing the complete list of visa categories. Once you identify the appropriate category, most applicants complete the online DS-160 Nonimmigrant Visa Application form, pay the visa application fee (Machine Readable Visa or MRV fee), schedule and attend a visa interview at a U.S. Embassy or Consulate, and — if approved — receive their visa for travel to the United States. According to USA.gov nonimmigrant visa information, it is also possible to check the status of a visa application online after submission.

1. Determine your visa category using the State Department Visa Wizard or by reviewing visa category descriptions
2. Complete DS-160 online nonimmigrant visa application at ceac.state.gov
3. Pay the nonimmigrant visa application fee (MRV fee) — amount varies by visa category
4. Schedule a visa interview appointment at a U.S. Embassy or Consulate in your home country
5. Gather required documents: valid passport, DS-160 confirmation page, fee receipt, photo, and supporting documents for your specific visa type
6. Attend your visa interview — be prepared to demonstrate ties to your home country and purpose of travel
7. If approved, receive your visa (printed in your passport); if additional processing is required, wait for administrative processing notification
8. Travel to the United States before the visa's validity date — the visa allows you to arrive, but CBP makes the final entry determination

An important note about consular officer authority: on Feb. 21, 2023, the U.S. Department of State announced that consular officers can issue an F or M student visa up to 365 days in advance of an international student's Program Start Date, according to Study in the States DHS guidance. Previously, student visas could only be issued up to 120 days before a student's Program Start Date. However, students can still only enter the United States 30 days before the Program Start Date listed on their Form I-20. This change allows students more flexibility in scheduling visa interviews and planning their travel, while maintaining existing restrictions on when they can actually enter the country.

Student Visa Process (F-1 and M-1)

The student visa process in the United States involves multiple steps coordinated between the prospective student, the school's Designated School Official (DSO), and government agencies. The process is well-documented on the ICE SEVIS students page. The first step is to apply to a Student and Exchange Visitor Program (SEVP)-certified school. Students can use the School Search tool at studyinthestates.dhs.gov to find SEVP-certified schools and programs eligible to enroll F-1 and M-1 students. Once accepted by an SEVP-certified school, the school's designated school official will issue a Form I-20, which is a record of the student's information in the Student and Exchange Visitor Information System (SEVIS) database.

1. Apply to and be accepted by an SEVP-certified school (use School Search at studyinthestates.dhs.gov)
2. Receive Form I-20 from your school's Designated School Official (DSO) — both you and the DSO must sign it; parents sign for students under 18
3. Pay the I-901 SEVIS fee at fmjfee.com — keep the receipt as you will need it for your visa interview
4. Complete DS-160 online visa application and pay the nonimmigrant visa application fee (student and exchange visitor visa fee increased to $185 as of May 30, 2023)
5. Schedule and attend a visa interview at a U.S. Embassy or Consulate — bring Form I-20, SEVIS fee receipt, DS-160 confirmation, passport, financial documents, and acceptance letter
6. If approved, receive F-1 or M-1 visa stamp in your passport
7. Arrive in the United States — you may arrive up to 30 days before your Program Start Date listed on your Form I-20
8. Upon arrival, meet CBP officer who will verify your information and issue Form I-94 Arrival/Departure Record
9. Register at your school and maintain student status throughout your studies

Maintaining student status is a critical ongoing obligation. According to the ICE SEVIS students page, to maintain student status you must fulfill the purpose for your visa and follow all associated regulations. F-1 students and their dependents have 60 days after their program end date (or training end date) to depart the United States, while M-1 students and dependents have 30 days. When new circumstances require a new Form I-20 (such as a change in program, loss of the original form, or travel endorsement), you must obtain a new Form I-20 from your DSO. As of July 1, 2016, the redesigned Form I-20 with a 2-D barcode is required for all F and M nonimmigrant visa applications, entry, travel, and nonimmigrant benefit applications. The previous barcode version is no longer valid.

Employer-Sponsored Work Visa Process

Most work visas in the United States are employer-sponsored, meaning the US employer initiates the petition process on the foreign worker's behalf. The standard process for employer-sponsored work visas (such as H-1B or L-1) begins with the employer filing a petition with USCIS, typically Form I-129 (Petition for Nonimmigrant Worker). The employer must demonstrate that the position qualifies for the visa category, that the worker meets the requirements, and in some categories (like H-2A and H-2B) that there are no qualified US workers available for the position. According to State Department employment visa information, once USCIS approves the petition, the foreign worker can then apply for a visa at a US Embassy or Consulate abroad, presenting the USCIS approval notice (Form I-797) along with other required documents.

For H-1B specialty occupation workers, the process involves an additional step: the lottery. Due to the annual cap of 65,000 regular-use H-1B visas (plus 20,000 additional for US master's degree holders), USCIS runs a computer-generated lottery when petitions exceed the cap. The H-2B nonagricultural worker program has a statutory cap of 66,000 per fiscal year, though Congress has authorized temporary increases in recent years, including for fiscal year 2026 according to USCIS H-2B information. The USCIS International Entrepreneur Rule also provides a pathway for entrepreneurs who can demonstrate that their presence in the United States would provide a significant public benefit, according to USCIS entrepreneur rule information.

Immigrant Visa Application Process

The immigrant visa process is more complex and typically longer than the nonimmigrant visa process. According to State Department immigrant visa step 1 guidance, the process begins with the submission of a petition: for family-based immigration, a U.S. citizen or LPR files a petition on behalf of the qualifying family member; for employment-based immigration, a U.S. employer typically files the petition. After USCIS approves the petition, the case is transferred to the National Visa Center (NVC) for further processing, including document collection and interview scheduling. The immigrant then undergoes a medical examination by a USCIS-authorized physician and attends an interview at a U.S. consulate or embassy. If approved, the immigrant visa is issued, and upon entry into the United States, the immigrant is admitted as a Lawful Permanent Resident.

After Arrival: Maintaining Status and Form I-94

After entering the United States, nonimmigrant visa holders receive a Form I-94 Arrival/Departure Record from U.S. Customs and Border Protection. The I-94 determines your authorized period of stay and the conditions of your admission — it is not the visa itself. Many nonimmigrant categories are admitted for Duration of Status (D/S), meaning the authorized stay extends for as long as you maintain your nonimmigrant status (for example, F-1 students remain authorized while pursuing their full course of study). Other categories are admitted for a specific period of time. It is critical to understand whether you are admitted for D/S or a fixed period, as overstaying your authorized stay — even by a day — can have serious immigration consequences, including bars on future visa applications and eligibility for future admission to the United States.

Required Documents Checklist

Comprehensive checklists of required documents for major US visa categories, from tourist visas to student, work, and permanent residency applications.

Universal Documents for All Visa Applications

Regardless of the specific visa category you are applying for, certain documents are required for virtually all US visa applications. The most important is a valid passport — for Visa Waiver Program travelers, an e-passport with biometric chip is required, as DHS travel document requirements make clear that the passport must have both a machine-readable zone and an embedded electronic chip with biometric information. For visa applicants, the passport must generally be valid for at least six months beyond the intended period of stay, though this requirement is waived for citizens of certain countries under bilateral agreements found on the State Department reciprocity page. Additionally, all visa applicants must submit the DS-160 nonimmigrant visa application form online, pay the applicable visa application fee, and bring documentation specific to their visa category.

• Valid passport (must remain valid for at least 6 months beyond intended stay for most nationalities)
• DS-160 nonimmigrant visa application confirmation page (barcode page)
• Visa application fee (MRV fee) receipt
• One passport-style photograph meeting US visa photo requirements
• Supporting documents specific to your visa category (see below)
• Previous US visas (if applicable)
• Evidence of ties to home country (for nonimmigrant visa applicants to demonstrate intent to return)

Student Visa Documents (F-1 and M-1)

Student visa applicants need a specific set of documents centered on their enrollment at an SEVP-certified school. According to Study in the States guidance, all F and M students who study in the United States need a Form I-20. The Form I-20 is issued by the school's Designated School Official and contains the student's SEVIS ID number, program start date, and financial requirements. Paying the I-901 SEVIS fee before the visa interview is mandatory; the receipt must be presented as proof of payment, and it is critical that the SEVIS ID number on the receipt matches the SEVIS ID on the Form I-20. F-1 and M-1 student visas can be issued up to 365 days in advance of the program start date, according to DHS guidance updated in 2023.

Travel Documents for Lawful Permanent Residents

Lawful Permanent Residents have a specific set of travel documents they may need to maintain and carry. According to USCIS Travel Documents guidance, if you wish to return to the United States lawfully after traveling outside the United States, you generally must have either a valid entry document such as a Permanent Resident Card (Green Card) or nonimmigrant visa, or a valid and unexpired travel document. The Green Card (Form I-551, Permanent Resident Card) itself serves as evidence of your LPR status and employment authorization. Under the Western Hemisphere Travel Initiative (WHTI), as documented by CBP WHTI FAQ, U.S. Lawful Permanent Residents are required to present a valid Permanent Resident Card (Form I-551) or other valid evidence of permanent residence status when entering at land or sea ports. A passport is not required for LPRs entering the US.

For LPRs planning extended travel outside the United States, Form I-131 (Application for Travel Documents, Parole Documents, and Arrival/Departure Records) is the key form for obtaining additional travel authorization. According to the USCIS Form I-131 instructions, Form I-131 is used to apply for a Reentry Permit (which allows an LPR to apply for admission without obtaining a returning resident visa after extended absence), a Refugee Travel Document (for refugees or asylees and derivative LPRs), a Temporary Protected Status Travel Authorization Document, and Advance Parole Documents (for those with pending immigration applications who need to travel). Critically, if you are applying for adjustment of status (Form I-485) and leave the United States without first obtaining an Advance Parole Document, USCIS will generally consider your Form I-485 abandoned.

Employment Authorization Document (EAD) Documents

The Employment Authorization Document (EAD, Form I-766) is a critical document for many nonimmigrants who need work authorization. According to USCIS EAD information, U.S. employers must ensure all employees, regardless of citizenship or national origin, are authorized to work in the United States. Having an EAD (Form I-766) is one way to prove that you are authorized to work in the United States for a specific time period. You must apply for an EAD if you are authorized to work because of your immigration status or circumstances (for example, as an asylee, refugee, or U nonimmigrant) and need evidence of that authorization, or if you are required to apply for permission to work — such as if you have a pending Form I-485, a pending Form I-589, or a nonimmigrant status that allows you to be in the United States but does not allow you to work without first seeking permission from USCIS (such as F-1 or M-1 students outside of campus employment).

To request an EAD, you generally must file Form I-765, Application for Employment Authorization and pay the applicable filing fee. According to USA.gov work permit information, as a nonimmigrant visa holder, you may be able to work in the US temporarily with a work permit (EAD). Depending on your immigration category, your EAD work permit will be good for 1 or 2 years. An important note for EAD holders: on October 30, 2025, the automatic extension of the Employment Authorization Document ended, according to USA.gov EAD update. EAD holders should check for updates from USCIS on whether this new rule affects their case, and file for renewal well in advance of expiration — USCIS encourages filing as soon as the EAD is within 180 days of its expiration date.

• Form I-765 (Application for Employment Authorization) — filled out completely
• Filing fee (unless a fee waiver is requested and approved)
• Copy of current immigration status document (visa, I-94, prior EAD)
• Two passport-style photographs
• Copy of Form I-20 or other underlying immigration status document if applicable
• For renewal: copy of previous EAD
• Supporting documents showing eligibility category (e.g., pending I-485 receipt, asylee approval, etc.)

Documents for Travel Document Requirements (WHTI)

The Western Hemisphere Travel Initiative (WHTI), implemented by DHS and the State Department, establishes document requirements for travel into the United States from Canada, Mexico, the Caribbean, and Bermuda. As of June 1, 2009, U.S. citizens entering by land or sea must present a passport, passport card, enhanced driver's license, or trusted traveler program card (NEXUS, SENTRI, or FAST), according to CBP WHTI FAQ. The passport card is a low-cost, limited-use travel document produced by the State Department that is acceptable for land and sea travel to enter the United States from within the Western Hemisphere but is not accepted for international air travel. Enhanced Driver's Licenses (EDLs) issued by Washington, Vermont, New York, and Michigan may be used instead of a passport for entry from Canada, Mexico, and the Caribbean — but also are not accepted for international air travel.

Costs and Processing Times

A detailed breakdown of US visa application fees, USCIS petition costs, SEVIS fees, and current processing time estimates for key immigration forms.

Nonimmigrant Visa Application Fees (MRV Fees)

The State Department charges a Machine Readable Visa (MRV) fee for processing nonimmigrant visa applications, which must be paid before scheduling a visa interview. According to Study in the States DHS guidance from 2023, the State Department published a final rule on March 28, 2023, to announce an increase to certain nonimmigrant visa application processing fees. The cost for student and exchange visitor visas (F, M, and J category visas) increased from $160 to $185 starting May 30, 2023. MRV fees are generally non-refundable and non-transferable. The fee receipt is a required document for the visa interview. Additionally, some nationalities may be required to pay visa issuance fees (also called reciprocity fees) based on the fees their home country charges US citizens for similar visas, as detailed in the State Department reciprocity schedule.

USCIS Filing Fees for Petitions and Applications

In addition to the State Department's MRV fee (paid abroad at a US Embassy or Consulate), many visa categories require a petition to be filed with USCIS inside the United States before the visa can be issued. USCIS charges filing fees for these petitions that vary considerably by form type. For employment-based cases, the employer typically pays the USCIS petition fee as part of their legal obligations in sponsoring the worker. For employment authorization documents, USCIS EAD information indicates that renewal applications require a new Form I-765 and filing fee unless a fee waiver is requested and approved. The Form I-765 itself (as seen in the USCIS I-765 form with OMB No. 1615-0040, expiring 08/31/2027) is the standard application for employment authorization. For travel documents, the Form I-131 (Application for Travel Documents, with OMB No. 1615-0013, expiring 06/30/2027 per the updated instructions) requires a filing fee for most applicants.

Student-Specific Fees: I-901 SEVIS Fee

International students face an additional mandatory fee that most other visa applicants do not: the I-901 SEVIS (Student and Exchange Visitor Information System) fee. This fee must be paid after receiving the Form I-20 but before applying for the student visa, according to ICE SEVIS student guidance. The I-901 SEVIS fee is paid online at fmjfee.com or through Western Union Quick Pay. It is essential that the SEVIS ID number on the I-901 SEVIS fee receipt matches the SEVIS ID number on the Form I-20 — a mismatch can cause delays or denial at the visa interview or port of entry. Additionally, as of October 2, 2017, Form I-765 applicants can apply for a Social Security Number (SSN) at the same time they apply for employment authorization, according to the USCIS webinar on revised Form I-765, with SSA estimating this would reduce visits to SSA offices by almost 400,000 annually.

USCIS Processing Times

USCIS processing times vary significantly by form type, the specific USCIS service center handling the case, and current application volumes. According to USCIS processing times information, applicants can check current estimated processing times on the official USCIS website at egov.uscis.gov/processing-times. It is important to note that processing times are estimates and may change. USCIS encourages EAD applicants to file for renewal as soon as the current EAD is within 180 days of its expiration date, in order to reduce the possibility of a gap in employment authorization and documentation. On October 30, 2025, the automatic extension of the EAD ended, according to USA.gov EAD update, making timely renewal even more important.

Premium Processing and Expedite Options

For certain petition types, USCIS offers premium processing, which guarantees a response (though not necessarily an approval) within a specified timeframe in exchange for an additional fee. Premium processing is available for many employment-based nonimmigrant petitions (I-129) and certain immigrant worker petitions (I-140). The premium processing fee is paid in addition to the standard filing fee and does not increase the likelihood of approval. For travel documents under Form I-131, USCIS has an Emergency Travel process documented at uscis.gov for those who need to travel urgently. Additionally, if a lawful permanent resident or conditional permanent resident already outside the United States requires a reentry permit and files Form I-131, the permit may be sent to a U.S. Embassy, U.S. Consulate, or USCIS international field office abroad for pickup, according to the USCIS Form I-131 instructions.

Path to Permanent Residency

A guide to obtaining a US Green Card through family, employment, and other pathways, including maintaining LPR status and the naturalization process.

What is a Green Card? Rights and Responsibilities of LPRs

A Green Card (officially Form I-551, Permanent Resident Card) makes you a Lawful Permanent Resident (LPR) of the United States. According to DHS LPR information, LPRs are aliens who are lawfully authorized to live permanently within the United States. LPRs may accept an offer of employment without special restrictions, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. They may also apply to become U.S. citizens if they meet certain eligibility requirements. As documented by USCIS green card information, the Green Card itself also serves as evidence of employment authorization — unlike most nonimmigrants, LPRs do not need a separate Employment Authorization Document (EAD) to work.

However, holding a Green Card also comes with significant responsibilities. Under US immigration law, a person admitted as an immigrant is assumed to intend to live in the United States permanently, as explained by the U.S. Embassy in Japan LPR maintenance guidance. Remaining outside the United States for more than one year may result in a loss of LPR status. Additionally, LPRs have tax obligations as US residents, must comply with all US laws, and — for male LPRs under age 26 — may be required to register with the Selective Service. Understanding these obligations from the start is essential to maintaining your LPR status successfully.

Family-Based Immigration

Family-based immigration is the largest pathway to US permanent residency. According to DHS LPR data, the largest class of admission for LPR status focuses on admitting immigrants for the purpose of family reunification. The US family immigration system divides family relationships into two tiers: immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of adult US citizens), who are not subject to annual numerical limits and may immigrate without waiting for a visa number to become available; and preference category family members (adult children of US citizens, married children of US citizens, siblings of US citizens, and spouses and children of LPRs), who are subject to annual numerical limits and may face significant waiting periods. The waiting time in preference categories can range from several years to many decades depending on the category and the applicant's country of birth.

The Visa Bulletin, published monthly by the State Department, tracks when visa numbers become available for preference categories. According to the April 2026 Visa Bulletin, visa availability varies significantly by category and country of birth. Applicants from countries like Mexico, Philippines, China, and India face particularly long wait times in certain categories due to high demand and per-country limits. Checking the Visa Bulletin regularly is essential for planning your immigration timeline.

Employment-Based Green Cards

Employment-based Green Cards are available through five preference categories (EB-1 through EB-5), each with specific requirements. According to USCIS green card eligibility categories, the categories include: EB-1 for priority workers (persons with extraordinary ability, outstanding professors and researchers, and multinational managers or executives); EB-2 for professionals with advanced degrees or persons of exceptional ability; EB-3 for skilled workers, professionals, and other workers; EB-4 for certain special immigrants (including religious workers, broadcasters, and others); and EB-5 for immigrant investors who create jobs in the United States by investing substantial capital. Most employment-based categories (EB-1 through EB-3) require an employer sponsor to file an immigrant petition on behalf of the worker, though EB-1 extraordinary ability and some EB-2 national interest waiver cases allow self-petition.

The process for employment-based Green Cards typically involves two main pathways: adjustment of status (Form I-485), where an eligible worker already inside the United States files to adjust their status to LPR without leaving the country; and consular processing, where the worker applies for an immigrant visa at a US embassy or consulate abroad and enters the US as an LPR. The adjustment of status process requires that the applicant be physically present in the US, that a visa number be immediately available, and that the applicant be admissible. For most employment-based cases, the employer must also complete a labor market test known as PERM (Program Electronic Review Management) labor certification to demonstrate that there are no qualified US workers available for the position before the EB-2 and EB-3 immigrant petition can be filed.

Maintaining LPR Status: Travel and Residence Requirements

Maintaining Lawful Permanent Resident status requires attention to both residence and travel requirements. According to U.S. Embassy Japan guidance on maintaining LPR status, U.S. immigration law assumes that a person admitted to the United States as an immigrant will live in the United States permanently. Remaining outside the United States for more than one year without prior USCIS approval may result in a loss of LPR status, requiring the immigrant to obtain a new immigrant visa to return. The USCIS-approved method for protecting LPR status during extended absences is the Reentry Permit.

A Reentry Permit, applied for using Form I-131 while physically present in the United States, generally allows a lawful permanent resident to stay outside the US for up to 2 years, according to USCIS I-131 instructions. However, there is an important exception: if an LPR has been outside the United States for more than 4 of the last 5 years since becoming a lawful permanent resident, the reentry permit issued will be limited to 1 year (rather than 2 years), with exceptions for those traveling on US government orders, employed by public international organizations, or professional athletes. Additionally, a Reentry Permit may not be extended once issued. Absence from the United States for 1 year or more will also generally break the continuity of an LPR's required continuous residence for naturalization purposes.

Naturalization: The Path to US Citizenship

After holding LPR status for a qualifying period, permanent residents may apply for US citizenship through naturalization. The standard requirement is 5 continuous years as an LPR (reduced to 3 years for those married to and living with a US citizen) and physical presence in the United States for at least half of that period. According to USCIS naturalization information, as a lawful permanent resident of 5 years you may be eligible to apply for citizenship. Additional requirements include demonstrating continuous residence in the state or service district where you apply for at least 3 months, ability to read, write, and speak basic English, knowledge of US history and government (civics), good moral character, and attachment to the principles of the US Constitution. Absences from the United States of 6 months or more during the required continuous residence period may break that continuous residence, though absences of less than 6 months generally do not break continuity.

An important consideration for those seeking naturalization is that an absence of 1 year or more will generally break the continuity of continuous residence required for naturalization, as stated in the USCIS Form I-131 instructions. If an LPR intends to remain outside the United States for 1 year or more, they may be eligible to file Form N-470 (Application to Preserve Residence for Naturalization Purposes) to maintain their naturalization eligibility despite the extended absence. This provision is available to LPRs engaged in certain US government or military service, or work for qualifying US-chartered organizations. For general inquiries about USCIS matters, the USCIS Contact Center can be reached at 800-375-5283 (TTY 800-767-1833), providing information in English and Spanish.

Special Programs: Diversity Visa and Other Pathways

In addition to family and employment-based pathways, the United States offers other routes to LPR status. The Diversity Visa (DV) program, commonly known as the "Green Card Lottery," makes approximately 50,000 visas available annually to persons from countries with historically low rates of immigration to the United States. Eligibility requires having been born in an eligible country and having either a high school diploma (or equivalent) or two years of qualifying work experience within the past five years. Applications are selected randomly by computer lottery, and winning does not guarantee a visa — winners must still complete the full immigrant visa application process and be found admissible. Other pathways include asylum (for those who have suffered persecution or have a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group), refugee resettlement, Special Immigrant Juvenile Status, and the Violence Against Women Act (VAWA) self-petition process.

• Family-based immigration: Immediate relatives of US citizens (no cap) and preference category family members (annual limits apply)
• Employment-based immigration: EB-1 through EB-5 categories based on skills, qualifications, and investment
• Diversity Visa Lottery: Approximately 50,000 visas per year for eligible nationals of low-admission countries
• Asylum: For those in the US who cannot return to their home country due to persecution or well-founded fear of persecution
• Refugee resettlement: For those outside the US with refugee status who are approved for US resettlement
• Special categories: Religious workers, broadcasters, certain international organization employees, long-time residents, and others