The U.S. immigration system is built on a foundation of family reunification, economic contributions, humanitarian protection, and promoting diversity. Governed by the Immigration and Nationality Act (INA), the system regulates how people from other countries can come to the United States, either temporarily or permanently. This guide explores the key components of U.S. immigration, including family-based and employment-based immigration, per-country ceilings, refugees and asylees, the Diversity Visa Program, and pathways to citizenship.

Family-Based Immigration

Family reunification is a cornerstone of U.S. immigration policy. U.S. citizens and lawful permanent residents (LPRs) can petition to bring certain family members to the U.S. to gain LPR status, commonly called a “green card.”

  • Immediate Relatives: Spouses, unmarried minor children, and parents of U.S. citizens. There is no limit to the number of visas in this category.
  • Family Preference System: This system allows a limited number of visas for non-immediate relatives, including adult children and siblings of U.S. citizens and spouses and children of LPRs.

Family-based visas make up a significant portion of immigration each year, with 58% of all new LPRs admitted under these categories in FY 2022.

Employment-Based Immigration

The U.S. offers several options for individuals with valuable skills through temporary and permanent employment-based immigration programs.

  • Temporary Visas: Non-immigrant workers, including those on H-1B (for highly skilled workers), L-1 (intracompany transfers), and O-1 (extraordinary ability), are granted visas for specific jobs.
  • Permanent Visas: Annually, 140,000 visas are available for employment-based immigrants, divided into five preference categories based on skill level and job type. Categories include “persons of extraordinary ability,” professionals with advanced degrees, skilled workers, and investors.

Per-Country Ceilings

To ensure a diverse flow of immigrants, the U.S. imposes a cap on the number of people who can immigrate from any single country. No more than 7% of the total immigrants admitted in a fiscal year can come from a single country, which helps prevent immigration dominance by any one nation.

Refugees and Asylees

Refugees and asylum seekers are admitted into the U.S. based on their fear of persecution due to race, religion, nationality, political opinion, or membership in a particular social group.

  • Refugees: Apply from outside the U.S. and are admitted based on a yearly cap set by the president in consultation with Congress.
  • Asylees: Apply for protection after arriving at a U.S. border or from within the country. There is no cap on asylum admissions.

In FY 2024, the refugee admission ceiling was set at 125,000, with allocations divided by world region.

The Diversity Visa Program

Designed to promote immigration from countries with low U.S. immigration rates, the Diversity Visa Program offers 55,000 visas annually through a lottery system. Applicants must meet education or work experience requirements, and visas are distributed to nationals from countries that have sent fewer than 50,000 immigrants to the U.S. over the past five years.

Humanitarian Relief

Several humanitarian programs allow individuals to enter or remain in the U.S. temporarily without a visa:

  • Temporary Protected Status (TPS): Granted to individuals from countries experiencing conflict or environmental disasters.
  • Deferred Action for Childhood Arrivals (DACA): Provides work authorization and protection from deportation for individuals who arrived in the U.S. as children.
  • Humanitarian Parole: Allows individuals to enter the U.S. for urgent humanitarian reasons or significant public benefit.

Path to U.S. Citizenship

LPRs may apply for U.S. citizenship through naturalization after residing in the U.S. for five years or three years if married to a U.S. citizen. Applicants must pass English and civics exams, meet residency and moral character requirements, and be 18. There are also special provisions for U.S. military members.

Conclusion

The U.S. immigration system is multifaceted, offering a range of visas and protections for those seeking temporary or permanent residency. Whether through family reunification, employment opportunities, or humanitarian relief, the system provides pathways for individuals to contribute to U.S. society while adhering to established legal frameworks. Understanding these pathways can help individuals navigate the complex immigration process.

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