Attorneys at Law
521 Fifth Avenue, 17th Floor
New York, N.Y. 10175
Tel: (212) 488-6899 · ImmigrationLex.com
U.S. immigration law is federal:
Our attorneys can represent you from New York,
no matter where you are located,
in any state, in any country.
Attorneys Practicing U.S. Immigration Law Since 1991
What this page does. Permanent residence, the status commonly called a green card, can be reached by more than a dozen separate legal routes. Each has its own eligibility rules, its own petition or application, and its own place in the annual numerical limits. This page maps those routes so that the relevant one can be identified quickly. Every entry is an outline only; the linked pages carry the detail.
How the tables are organized. Routes are grouped into five families: family relationships, employment, humanitarian and protection, other statutory routes, and routes now closed to new applicants. Within each table the column headed Annual limit is often the most useful, because it explains why two equally strong cases can wait very different lengths of time. A route with no numerical limit produces no queue; a route with a limit produces a queue that is divided further by country of chargeability.
Qualifying is not the same as receiving. Every route below establishes eligibility for an immigrant classification. Obtaining the status itself then requires either adjustment of status within the United States under 8 U.S.C. § 1255 or immigrant visa processing at a consular post abroad, and admissibility must be established either way. Approval of a petition confers a place in line, not a grant of permanent residence.
Where a link is missing. A dash in the final column means this site does not yet carry a page devoted to that route.
Family relationships. Two distinct systems operate here. Immediate relatives of United States citizens are exempt from the annual numerical limits altogether, so no visa queue forms for them. Everyone else falls into one of four numbered preferences under 8 U.S.C. § 1153(a), each with its own annual allotment and each subject to per-country chargeability. A child adopted in accordance with 8 U.S.C. § 1101(b)(1)(E), (F) or (G) counts as a child for these purposes, so intercountry adoption feeds into the immediate relative and preference categories below rather than forming a separate route of its own. The family-based immigration page introduces the process in more detail.
| Route | Who it is for | Legal basis | Annual limit | |
|---|---|---|---|---|
| Immediate relative | Spouse, unmarried child under 21, or parent of a United States citizen. A citizen must be at least 21 years old to petition for a parent. A surviving spouse continues to be treated as an immediate relative after the citizen dies. | 8 U.S.C. § 1151(b)(2)(A)(i) | None. Exempt from the worldwide levels. | — |
| First preference | Unmarried sons and daughters of United States citizens who are 21 or older. | 8 U.S.C. § 1153(a)(1) | 23,400, plus visas unused by higher categories. | — |
| Second preference, 2A | Spouses and unmarried children under 21 of permanent residents. | 8 U.S.C. § 1153(a)(2)(A) | Within the 114,200 allotted to the second preference. | — |
| Second preference, 2B | Unmarried sons and daughters of permanent residents who are 21 or older. | 8 U.S.C. § 1153(a)(2)(B) | Within the 114,200 allotted to the second preference. | — |
| Third preference | Married sons and daughters of United States citizens, and their spouses and children. | 8 U.S.C. § 1153(a)(3) | 23,400, plus visas unused by the first and second preferences. | — |
| Fourth preference | Brothers and sisters of United States citizens who are at least 21 years old. | 8 U.S.C. § 1153(a)(4) | 65,000, plus visas unused by earlier preferences. | — |
| Self-petition by an abused spouse, child or parent | A spouse, child or parent subjected to battery or extreme cruelty by a citizen or permanent resident relative, who may petition without the relative's knowledge or participation. | 8 U.S.C. § 1154(a)(1)(A)(iii) and (B)(ii) | Counted in whichever family category the relationship would otherwise fall under. | — |
Employment. The employment-based system divides a worldwide level of 140,000 visas under 8 U.S.C. § 1151(d) among five preferences set out at 8 U.S.C. § 1153(b). The first preference is reserved for those whose record speaks for itself and requires no test of the domestic labor market. The second and third preferences ordinarily require a labor certification establishing that no able, willing and qualified domestic worker is available, with a national interest waiver as the principal exception. The employment-based immigration page introduces the system as a whole.
| Route | Who it is for | Legal basis | Annual limit | |
|---|---|---|---|---|
| First preference: extraordinary ability | Individuals with extraordinary ability in the sciences, arts, education, business or athletics, shown by sustained national or international acclaim. No employer sponsor and no labor certification are required. | 8 U.S.C. § 1153(b)(1)(A) | Within 28.6 percent of the employment worldwide level. | Extraordinary ability |
| First preference: outstanding professors and researchers | Those recognized internationally as outstanding in a specific academic area, with the requisite experience and a qualifying offer from a university or comparable employer. | 8 U.S.C. § 1153(b)(1)(B) | Within 28.6 percent of the employment worldwide level. | Outstanding professors and researchers |
| First preference: multinational executives and managers | Executives and managers transferred by a qualifying multinational employer after qualifying employment abroad. | 8 U.S.C. § 1153(b)(1)(C) | Within 28.6 percent of the employment worldwide level. | Multinational executives and managers |
| Second preference: advanced degree | Members of the professions holding an advanced degree or its equivalent, sponsored by an employer. Labor certification is ordinarily required. | 8 U.S.C. § 1153(b)(2)(A) | Within 28.6 percent of the employment worldwide level. | Advanced degree professionals |
| Second preference: exceptional ability | Those with exceptional ability in the sciences, arts or business whose work will substantially benefit the national economy, cultural or educational interests, or welfare of the United States. | 8 U.S.C. § 1153(b)(2)(A) | Within 28.6 percent of the employment worldwide level. | Exceptional ability |
| Second preference: national interest waiver | Second preference applicants for whom the requirement of an employer sponsor and a labor certification is waived because the waiver serves the national interest. Self-petition is permitted. | 8 U.S.C. § 1153(b)(2)(B) | Within 28.6 percent of the employment worldwide level. | — |
| Third preference: professionals | Members of the professions holding a baccalaureate degree, sponsored by an employer. Labor certification is required. | 8 U.S.C. § 1153(b)(3)(A)(ii) | Within 28.6 percent of the employment worldwide level. | Professionals |
| Third preference: skilled workers | Workers capable of performing skilled labor requiring at least two years of training or experience, where the work is neither temporary nor seasonal. Labor certification is required. | 8 U.S.C. § 1153(b)(3)(A)(i) | Within 28.6 percent of the employment worldwide level. | Skilled workers |
| Third preference: other workers | Workers performing unskilled labor requiring less than two years of training or experience. Certain occupations are presumed to lack a shortage and are treated accordingly. | 8 U.S.C. § 1153(b)(3)(A)(iii), with the numerical cap at § 1153(b)(3)(B) | No more than 10,000 within the third preference allotment. | |
| Fourth preference: special immigrants | The statutory special immigrant categories, of which religious workers are the most frequently used. Ministers of religion are covered permanently; the branch covering other religious vocations and occupations operates under a sunset that Congress has extended repeatedly. Special immigrant juveniles, listed in the humanitarian table below, are also fourth preference. | 8 U.S.C. § 1153(b)(4), drawing on the definitions at § 1101(a)(27) | 7.1 percent of the employment worldwide level, with a sub-limit of 5,000 for certain categories. | Religious workers |
| Fifth preference: investors | Those investing in a new commercial enterprise that creates the required employment. Portions of the annual allotment are set aside for investment in rural areas, in areas of high unemployment, and in infrastructure projects. | 8 U.S.C. § 1153(b)(5), with the reserved allocations at § 1153(b)(5)(B) | 7.1 percent of the employment worldwide level, of which 20 percent is reserved for rural investment, 10 percent for high unemployment areas and 2 percent for infrastructure. | Investors |
Humanitarian and protection routes. These routes begin with a protection decision rather than a petition by a relative or an employer. Most of them sit outside the preference system entirely, which is why they generate no visa queue, and several of them arise in the course of removal proceedings rather than before an agency. The asylum page covers that route in more depth.
| Route | Who it is for | Legal basis | Annual limit | |
|---|---|---|---|---|
| Refugee adjustment | Those admitted as refugees, after the required period of physical presence following admission. | 8 U.S.C. § 1159(a), following admission under § 1157 | None. Exempt under § 1151(b)(1)(B). | — |
| Asylee adjustment | Those granted asylum, after the required period of physical presence following the grant. | 8 U.S.C. § 1159(b), following a grant under § 1158 | None. Exempt under § 1151(b)(1)(B). | Asylum |
| Cancellation of removal for permanent residents | Permanent residents in removal proceedings who meet the statutory periods of residence and are not barred. The relief preserves a status already held rather than creating a new one. | 8 U.S.C. § 1229b(a) | None. Exempt under § 1151(b)(1)(D). | — |
| Cancellation of removal for others | Those in removal proceedings who have accrued the statutory period of continuous physical presence, meet the good moral character requirement, and can show the required hardship to a qualifying relative. | 8 U.S.C. § 1229b(b) | Subject to the aggregate annual limit at § 1229b(e). | — |
| Trafficking victims | Holders of the nonimmigrant classification for victims of severe forms of trafficking, on the statutory conditions. | 8 U.S.C. § 1255(l) | Not counted against the family or employment preferences. | — |
| Victims of certain crimes | Holders of the nonimmigrant classification for victims of qualifying criminal activity who have assisted the authorities, on the statutory conditions. | 8 U.S.C. § 1255(m) | Not counted against the family or employment preferences. | — |
| Special immigrant juveniles | Children placed by a juvenile court in the custody of a state agency or an appointed guardian, where reunification with a parent is not viable and return is not in the child's best interest. | 8 U.S.C. § 1101(a)(27)(J), classified under § 1153(b)(4) | Within the fourth preference employment allotment. | — |
Other statutory routes. The remaining routes do not fit the family or employment pattern. Some are lotteries, some reward long presence, some restore a status that lapsed, and some exist only because Congress legislated for a particular group. They are gathered here because a reader who does not recognize a route in the earlier tables should look through this one before concluding that none applies.
| Route | Who it is for | Legal basis | Annual limit | |
|---|---|---|---|---|
| Diversity visa lottery | Nationals of countries with historically low rates of immigration to the United States who meet the education or work experience requirement. Selection in the lottery confers only the chance to apply. | 8 U.S.C. § 1153(c), with the worldwide level at § 1151(e) | 55,000 by statute, reduced by an offset enacted separately. | Visa lottery |
| Registry | Those who entered the United States before January 1, 1972 and have resided here continuously since, subject to good moral character and the statutory bars. The cut-off is fixed in the statute and does not advance with time. | 8 U.S.C. § 1259 | Not counted against the preference allotments. | — |
| Returning resident | Permanent residents whose stay abroad exceeded the period their documentation covers, but whose absence was caused by circumstances beyond their control and who did not abandon residence. | 8 U.S.C. § 1101(a)(27)(A), applied through 22 C.F.R. § 42.22 | None. Exempt under § 1151(b)(1)(A). | Keeping permanent resident status |
| Diplomats and international organization staff | Those admitted in the diplomatic or international organization nonimmigrant classifications who failed to maintain that status and would suffer exceptional hardship on departure. | 8 U.S.C. § 1255b | Limited by the terms of § 1255b. | — |
| Country-specific relief | Nationals of particular countries covered by dedicated legislation, principally the Cuban Adjustment Act, the Nicaraguan Adjustment and Central American Relief Act, and the Haitian Refugee Immigration Fairness Act. Eligibility turns on the wording of each statute rather than on any general rule. | Separate public laws outside title 8 of the United States Code | Set by the individual statute. | — |
| Adjustment despite a status bar | Not a category of its own. It allows certain people who could not otherwise adjust inside the United States to do so, where a qualifying petition or labor certification was filed for them by the statutory cut-off. | 8 U.S.C. § 1255(i) | Not applicable. The underlying category supplies the limit. | Adjustment of status |
Routes closed to new applicants. Two legalization programs still appear in the statute and are still encountered in older files, but neither accepts new applications. They are listed so that a reader who finds a reference to them elsewhere can place them correctly rather than mistake them for a current option.
| Route | What it was | Legal basis | Status |
|---|---|---|---|
| General legalization | Legalization for those who had resided unlawfully in the United States since the qualifying date set by the Immigration Reform and Control Act. | 8 U.S.C. § 1255a | Closed. The filing period has long expired, and residual cases arise only through litigation. |
| Special agricultural workers | Legalization for those who had performed qualifying seasonal agricultural work during the statutory period. | 8 U.S.C. § 1160 | Closed. No new applications are accepted. |
Related pages on this site. The routes above are developed further on the family-based immigration and employment-based immigration pages, on the visa lottery and asylum pages, and on the pages covering adjustment of status, country chargeability and keeping permanent resident status. Questions about which route fits a particular set of facts can be raised through the contact page.