In the United States, residency visas are essential for foreign nationals who wish to live and work in the country on a long-term basis. These visas fall under various categories, each with specific eligibility requirements, application processes, and benefits. The primary types of residency visas include family-based visas, employment-based visas, and other specialized categories.

1. Family-Based Residency Visas

Family-based residency visas allow U.S. citizens and lawful permanent residents (LPRs) to sponsor certain relatives for immigration to the United States. This category is divided into two main groups:

1. Immediate Relative Visas: These are available for close family members of U.S. citizens, including spouses, unmarried children under 21 years old, and parents. There is no annual cap on these visas, which means they can be processed more quickly.
2. Family Preference Visas: This category includes more distant relatives such as adult children and siblings of U.S. citizens or spouses and children of LPRs. These visas are subject to annual caps and have longer waiting times due to limited availability.

To obtain a family-based visa, the sponsor must file a petition (Form I-130) with U.S. Citizenship and Immigration Services (USCIS), establish the legitimacy of the relationship, meet minimum income requirements, and sign an affidavit of support.

2. Employment-Based Residency Visas

Employment-based residency visas are designed for foreign nationals who have job offers from U.S. employers or possess extraordinary abilities in their fields. This category is divided into several preference levels:

1. EB-1 Visa: For individuals with extraordinary ability in their field (arts, sciences, business), outstanding professors or researchers, or certain multinational executives.
2. EB-2 Visa: For professionals holding advanced degrees or those with exceptional abilities in arts, sciences, or business.
3. EB-3 Visa: For skilled workers (with at least two years of experience), professionals (with a bachelor’s degree), and other workers (unskilled labor).
4. EB-4 Visa: For special immigrants such as religious workers and certain employees of international organizations.
5. EB-5 Visa: For investors who invest a significant amount of capital in a new commercial enterprise that creates jobs for U.S. workers.

Each employment-based visa requires a labor certification process (in most cases) where the employer must prove that there are no qualified U.S. workers available for the position being offered.

3. Diversity Visa Lottery

The Diversity Immigrant Visa Program provides an opportunity for individuals from countries with low rates of immigration to the United States to apply for residency visas through a lottery system. Each year, up to 55,000 diversity visas are made available through this program. Applicants must meet specific eligibility criteria regarding education or work experience and must submit their applications during the designated registration period.

4. Refugee and Asylee Status

Individuals fleeing persecution may apply for refugee status before entering the United States or seek asylum after arriving in the country. Refugees undergo extensive vetting before being admitted to the U.S., while asylum seekers must demonstrate that they have suffered persecution or have a well-founded fear of future persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

Both refugees and asylees can apply for permanent residency after one year of being granted their status.

5. Other Specialized Visas

There are also various specialized visa categories that provide pathways to residency based on unique circumstances:

• U Visas: For victims of certain crimes who assist law enforcement.
• T Visas: For victims of human trafficking.
• VAWA Self-Petitioning Visas: For abused spouses or children of U.S. citizens or LPRs seeking protection under the Violence Against Women Act.

These specialized visas often come with specific eligibility criteria but ultimately lead to opportunities for permanent residency.

In summary, obtaining a residency visa in the United States involves navigating complex legal requirements tailored to different personal circumstances—whether through family connections, employment opportunities, humanitarian needs, or unique situations requiring special consideration.

For more enquiries on a United State Residency visa, book a consultation with a consultant with e-lhr