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What
is the Preference System?
The preference system is a method, based on categories (or
"preferences"), of distributing the limited number of immigrant
visa numbers available each year. Obtaining an immigrant visa number
is an essential step in the
immigration process,
and it means that an immigrant visa has been assigned to you.
People who want
to become immigrants based on employment or family are divided into
"preference" categories, and if their immigrant visa petition is
approved, they must wait for an immigrant visa number to become
available according to the limited number of visas allowed in each
preference category each year. An exception exists for immediate
relatives of U.S. citizens, which includes parents, spouses
and unmarried children under the age of 21, who do not have to wait
for an immigrant visa number to become available once the immigrant
visa petition filed for them is approved. An immigrant visa number
will be immediately available for immediate relatives
of U.S. citizens.
Because the
number of immigrant visa numbers that are available each year is
limited, you may not get an immigrant visa number immediately after
your immigrant visa petition is approved. In some cases, several
years could pass between the time USCIS
approves your immigrant visa petition and the State Department gives
you an immigrant visa number. Because U.S. law also limits the number
of immigrant visas available by country, you may have to wait longer
if you come from a country with a high demand for U.S. immigrant
visas. For more information, including how to find out when
a visa number will be available to you, see Immigrant
Visa Numbers.
What
are the family-based preference categories?
Except for immediate relatives of U.S. citizens (see above),
relatives in the remaining categories must wait for an immigrant
visa number to become available according to the following preferences:
First
Preference: Unmarried, adult sons and daughters of U.S.
citizens. Adult means 21 years of age or older.
Second
Preference: Spouses of legal permanent residents, and the
unmarried sons and daughters (regardless of age) of legal permanent
residents and their children.
Third
Preference: Married sons and daughters of U.S. citizens,
their spouses and their minor children.
Fourth
Preference: Brothers and sisters of adult U.S. citizens,
their spouses and their minor children.
What
are the employment-based preference categories?
All people who want to become immigrants based on employment
must wait for an immigrant visa number to become available according
to the following preferences:
First
Preference:
Priority Workers including aliens with extraordinary abilities,
outstanding professors and researchers, and certain multinational
executives and managers.
Second
Preference: Members of Professions Holding Advanced
Degrees or Persons of Exceptional Ability.
Third
Preference: Skilled Workers, professionals and
other qualified workers.
Fourth
Preference : Certain special immigrants including
those in religious vocations.
Fifth
Preference :
Immigrant Investors creating employment
The
information provided in this website is not legal advice and should
not be interpreted as legal advice. This website is intended to
provide a basic understanding of this information in summary form.
This information may not be comprehensive, is subject to change,
and may not apply to all individual circumstances. Any information
received here should be confirmed with the appropriate government
agencies or with an attorney, particularly as it relates to your
individual circumstances. Your use of this website indicates your
agreement to be bound by our Terms
of Use.
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