U.S. Immigrant Visa
U.S. visas are broadly divided into immigrant visas and nonimmigrant visas. Immigrant visas can lead to permanent residence and are typically obtained through spouse or family sponsorship, employment-based immigration, or investor immigration. Nonimmigrant visas are issued to people entering the United States temporarily for a specific purpose.
What are the ways to get a U.S. green card?
U.S. permanent residence is reached through three broad routes: employment-based immigration (EB-1, EB-2 NIW, EB-3), investment immigration (EB-5), and family-sponsored immigration. The best category and the waiting time differ with your education, career, assets, and family ties, so the first step is an eligibility assessment of which categories your profile can actually support. DaeYang Immigration Law Group guides each stage with U.S. immigration attorneys, from that assessment to category selection and filing timing strategy.
- Three routes
- Employment-based immigration (EB-1, NIW, EB-3), investment immigration (EB-5), and family-sponsored immigration.
- Immigrant vs nonimmigrant
- Immigrant visas lead to a green card; nonimmigrant visas (E-2, H-1B, F-1 and others) are limited in purpose and duration.
- Visa Bulletin
- The U.S. Department of State publishes a monthly chart of what priority dates can proceed by category and country, and oversubscribed categories develop backlogs.
- Labor certification
- EB-3 requires employer labor certification (PERM); NIW and EB-5 do not.
- Child age planning
- Because processing can run long, a derivative child’s age must be managed under the Child Status Protection Act (CSPA).
How are U.S. visas categorized?How are U.S. visas categorized?
U.S. visas are broadly divided into immigrant visas and nonimmigrant visas. Immigrant visas can lead to permanent residence and are typically obtained through spouse or family sponsorship, employment-based immigration, or investor immigration. Nonimmigrant visas are issued to people entering the United States temporarily for a specific purpose.
What is a U.S. immigrant visa?What is a U.S. immigrant visa?
U.S. immigrant visas are divided into family-sponsored immigrant visas, employment-based immigrant visas, and investor immigrant visas. If you receive an immigrant visa, you must enter the United States within the validity period printed on the visa. Immigrant visas are generally valid for up to six months, though the period may be shorter depending on the validity of the medical exam. Once you enter, the green card issued is valid for 10 years and must be renewed before it expires. For permanent residents, staying abroad for an extended period can affect whether you are seen as maintaining the U.S. as your permanent residence, and if you expect to be abroad for a year or more, you should consider applying for a Reentry Permit before departure.
* Citizenship can generally be applied for five years after obtaining permanent residence, or three years in certain marriage cases, once the applicant satisfies the required tests and eligibility requirements.
Who can get a family-sponsored immigrant visa?Who can get a family-sponsored immigrant visa?
Family-sponsored immigrant visas are issued to spouses and children of U.S. citizens or permanent residents. The major categories are listed below.
| Category | Name | Details |
|---|---|---|
| IR | Immediate Relative | IR-1: Spouse of a U.S. citizen IR-2: Unmarried child under 21 of a U.S. citizen IR-3: Orphan adopted abroad by a U.S. citizen IR-4: Orphan to be adopted in the United States IR-5: Parent of a U.S. citizen age 21 or older |
| CR | Conditional Resident | CR-1: Spouse of a U.S. citizen, married less than 2 years CR-2: Unmarried child under 21 obtaining status through the above spouse * If the marriage is less than 2 years old, conditional (CR) rather than immediate (IR) status is issued; conditions are later removed by filing Form I-751. |
| F | Family Preference | F1: Unmarried sons and daughters age 21 or older of U.S. citizens, and their eligible children F2: Spouses and children of permanent residents, including unmarried sons and daughters F3: Married sons and daughters of U.S. citizens, their spouses, and eligible children F4: Brothers and sisters of U.S. citizens, their spouses, and eligible children |
* Grandparents, aunts, uncles, in-laws, cousins, and similar relatives are not eligible for family immigrant visas.
What types of employment-based immigrant visas are there?What types of employment-based immigrant visas are there?
Employment-based immigrant visas are issued through employment for people needed in the United States. They are divided into five preference categories, E-1 through E-5, as described below. To distinguish them from the nonimmigrant E-1 and E-2 visas, these categories are also commonly called EB-1 through EB-5. E-5, or EB-5, is also known as investor immigration because the applicant invests directly or indirectly and may become both investor and employer.
Employer and labor certification (PERM) requirements vary by category. EB-3 and standard employer-sponsored EB-2 cases require the PERM process, while EB-1A (extraordinary ability) and NIW can proceed without an employer or PERM if the applicant meets the relevant criteria. EB-1B (outstanding professors/researchers) and EB-1C (multinational executives) require a U.S. employer's petition but not PERM. Where PERM is required, USCIS recognizes the labor certification filing date as the employment petition's priority date. Because annual visa quotas apply, processing times vary significantly by category and nationality.
Processing times for each category depend on USCIS adjudication times and the priority dates (Cut-Off Dates) published monthly in the Visa Bulletin, so it's important to check the latest status before applying. To obtain labor certification, the following three conditions must generally be satisfied: 1) The applicant must receive a job offer from a U.S. employer. 2) The offered position must match the applicant's experience and field of study. 3) The employer must show that qualified workers are not available in the United States.
* Some categories can proceed without labor certification.
| Category | Name | Details |
|---|---|---|
| EB-1 | Employment First Preference / Priority Workers | - Persons of extraordinary ability in science, art, education, business, or athletics: no employer required - Outstanding professors or researchers: employer required - Multinational executives or managers: employer required |
| EB-2 | Employment Second Preference / Professionals Holding Advanced Degrees and Persons of Exceptional Ability | - Advanced degree professionals, or bachelor's degree holders with at least five years of professional experience: employer required - Persons of exceptional ability in science, art, or business: employer required * NIW (National Interest Waiver) allows applicants to seek permanent residence without an employer by proving their ability clearly benefits the U.S. national interest. |
| EB-3 | Employment Third Preference / Skilled Workers, Professionals, and Unskilled Workers (Other Workers) | - Occupations requiring a bachelor's degree (Professional): employer required - Skilled workers with at least two years of experience: employer required - Other Workers with less than two years of experience: employer required (subject to an annual visa quota; timing depends on the monthly Visa Bulletin) |
| EB-4 | Employment Fourth Preference / Certain Special Immigrants | - Religious workers, employees of religious organizations, international organization employees, and similar categories: employer generally required |
| EB-5 | Employment Fifth Preference / Immigrant Investors | - Standard area investors: USD $1,050,000 investment required * TEA (Targeted Employment Area) investors: USD $800,000 |
How is a labor certification obtained?How is a labor certification obtained?
Since March 28, 2005, the U.S. Department of Labor has used PERM, an automated labor certification processing system, significantly shortening the previous employment immigration process. Because foreign employment must not negatively affect the U.S. labor market, employers must complete recruitment steps and prove that qualified U.S. workers are not available.
Professional positions require more detailed procedures than nonprofessional positions. The process is summarized below.
1) Common Procedure for Professional and Nonprofessional Positions
- Post the job offer with the State Workforce Agency (SWA) for 30 days
- Place advertisements in a Sunday newspaper twice
- After the SWA posting, wait at least 30 days and up to 180 days before filing labor certification. The employer must also post a notice at the company for 10 business days, excluding Saturdays, Sundays, and holidays.
After these steps, even without a Department of Labor audit, approval now commonly takes 16 months or more from filing.
2) Additional Procedure for Professional Positions Only
For professional positions, the employer must make recruitment efforts through at least three of the following additional methods.
- Job fairs
- Employer website
- Job search website other than the employer website
- Trade or professional organization or publication
- Recruitment agency
- Employee referral program with incentives
- Campus recruitment
- Local or ethnic newspapers
- Radio or television advertisements
After these steps, even without a Department of Labor audit, approval now commonly takes 16 months or more from filing.
※ 기준일: 2026-08-28 · 출처: USCIS · DOL
