I. Categories of Immigrants

Only a certain amount of foreign nationals are permitted to obtain permanent resident status each year.  The numerical limitation on how many green cards can be awarded each year is often referred to as a “cap” or a “quota.”

In general, there are two categories of individuals who may become legal permanent residents in the United States, those who may obtain permanent resident status without numerical limitations and those subject to an annual limitation.

II. Immigrants without Limitations

There are two categories of persons who may obtain permanent residence in the United States without being subject to the green card quota: certain relatives of U.S. citizens and returning permanent residents.  These two classes of individuals are briefly described as follows:

1. Quota Exempt Relatives: Quota exempt relatives include spouses of U.S. citizens, unmarried children of U.S. citizens, and parents of a U.S. citizen who is 21 years of age or older.
2. Returning Residents: Permanent residents who are returning to the United States after spending more than a year abroad are not subject to the quota.

IV.  Immigrants Subject to the Green Card Quota

The three main immigrant categories that are subject to the numerical limitation are immigrants who are relatives of U.S. citizens or legal permanent residents, employment based immigrants, and diversity lottery immigrants.

Each of the three categories mentioned above are subject to a worldwide quota – that is, each fiscal year only a certain amount of individuals may receive a green card within each category.

The three categories subject to numerical limitations are further broken down into sub-categories, which are referred to as “preferences.”  Each preference is also subject to a quota as well.

The following is an overview of the numerical limitations for the various category of immigrants that may enter the United States:

Immigrants Subject to the Green Card Quota

General

The first class of individuals who may enter the U.S. as an immigrant are foreign nationals who are family members of a U.S. citizen or legal permanent resident, but do not fall within the quota exempt family member category as described above.

Family Member Quota

The total worldwide limit for immigrants who fall into this category is as follows: 480,000 minus the number of family member immigrants (and children born to permanent residents who are temporarily abroad) who were admitted in the preceding fiscal year, plus any employment-based immigrant visas that were not used in the preceding year.

In any year where the formula described above produces a number less than 226,000, the total amount of visas issued will be no less than 226,000.  Thus, the minimum amount of member green cards that will be issued in any given year will be no less than 226,000.

Family Member Preferences

The amount of family member immigrant visas issued each year are broken down into the following sub-categories and the quota for each sub-category is placed in parenthesis:

1. First preference: Unmarried sons or daughters of U.S. citizens (Quota: approximately 23 400).
2. Second preference: Spouses, children, and the unmarried sons/daughters of lawful permanent residents  (Quota: approximately 114 200)
3. Third preference: Married sons or daughters of U.S. citizens, and their wives/husbands and children (Quota: approximately 23 400)
4. Fourth Preference: Brothers and sisters of U.S. citizens and their spouses and children provided that the U.S. citizen is over 20 years of age  (Quota: approximately 65 000)

Employment-based Immigrants

General

Employment-based immigrants include those with certain occupational skills, certain investors, and miscellaneous others.

Employment-based Immigrant Quota

The annual worldwide limit on employment-based immigrants is 140,000 plus any non-family member visas that were available in the preceding year but were not used.  Thus, the minimum amount employment-based immigrant visas that will be issued in any given year will be no less than 140,000.

Employment-based Immigrant Preferences

The amount of employment immigrant visas issued each year are broken down into the following sub-categories and the quota for each sub-category is placed in parenthesis:

1. Priority Workers: Persons of extraordinary ability in the sciences, arts, education, business, athletics, outstanding professors and researchers, plus some executives and managers of multinational corporations  (28.6% of worldwide quota).
2. High Level Professions: Professionals with graduate degrees (advanced degrees), and persons possessing exceptional ability in the sciences, arts and business  (28.6% of worldwide quota).
3. Skilled Professionals: Professionals holding a university degree, skilled workers with at least two years experience, and other workers whose skills are scarce in the U.S.  (28.6% of worldwide quota).
4. Special Immigrants: Certain religious workers, ministers, certain international organization employees and former U.S. government employees (7.1% of worldwide quota).
5. Investors: Persons who generate jobs for at least 10 unrelated persons by investing capital in a new commercial enterprise in the U.S. The minimum acceptable capital being between $500,000 and one million dollars, depending on the employment rate in the geographic area.  (7.1% of worldwide quota).

Diversity Lottery Immigrants

General

Diversity immigrants are those who may receive a green card because they were born in a country from which the United States has received little immigration in recent years.  Beneficiaries of the diversity lottery program are selected randomly.  The details of how to apply for the program are announced each year by the U.S. Department of State.

Diversity Lottery Immigrant Quota

The annual worldwide limit on foreign nationals who may receive a green card through the diversity lottery program is 55,000.  There diversity lottery program is not broken down into preference categories.

Priority Dates and Visa Bulletin

To further complicate things, each country may only receive a certain portion of the available green cards each year.  Because of these annual limits, the number of persons approved by the USCIS for an immigrant visa can exceed the State Department’s yearly supply of visas.  If there are no more immigrant visas left for the year, you will be put on a waiting list, with a “priority date” established according to the time the petition or labor certification was filed for you.  The length of time you will have to wait depends on how many other people, and how many of your fellow countrymen, have applied for the type of visa you seek, and on the speed with which the State Department can process visa applications. It is not unusual for an immigrant visa to be unavailable for an applicant for many years.  For this reason, temporary (“non-immigrant”) visas are more often than not the first option for foreign nationals seeking to relocate to the United States.

Fortunately, the Department of State has created a visa bulletin for the public.  The visa bulletin allows a foreign national with an approved family preference petition (I-130) or employment preference petition, to see whether their “priority date” is current and whether it is now possible to file the I-485 for their green card.”

Ife S. Ashabo, B.A., J.D., F.L.C

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