Immigration Explained: Every legal route to US residency

The United States has been granting about 1 million green cards a year, formally known as legal permanent residency. Legal permanent residents can remain in the country indefinitely if they are not convicted of any disqualifying crimes and can apply for citizenship in five years.

The current system was built in 1965 and retooled in 1990. About two-thirds of green cards are granted based on family ties. The rest are based on employment or for humanitarian reasons. A “diversity visa lottery” is for people from countries that are underrepresented in the U.S., including many in Africa.

The United States also admits hundreds of thousands of workers, foreign students and exchange visitors a year on temporary visas.

Permanent Legal Status

Securing lawful permanent residency in the US, often referred to as obtaining a "green card," allows individuals to live and work in the United States indefinitely. A green card can be obtained through family sponsorship, employment, humanitarian programs, or other pathways.

Family Based

1. Immediate Relatives of US citizens: No cap; US citizens can sponsor their spouses, unmarried children under 21, and parents.
2. Family Preference: 226,000 per year; US citizens can sponsor unmarried children over 21, married children, and siblings. Green card holders can sponsor spouses and unmarried children.

Employment-Based

The US allows 140,000 people per year to legally enter the country for employment opportunities.

There are five primary categories based on skill, job offer, or investment:

1. EB-1: People with extraordinary ability, professors and researchers, and multinational executives
2. EB-2: People with advanced degrees
3. EB-3: Skilled workers, professionals, and other workers
4. EB-4: Special groups, including religious workers and certain US government employees
5. EB-5: Investors

Other Permanent Pathways

1. Refugees and Asylees: No cap; can apply one year after being granted refugee or asylum status in the US.
2. Diversity Visa Lottery: 55,000 per year; awarded to applicants from countries with historically low US immigration. Tens of millions apply annually.

Temporary Legal Status

These visas allow individuals to live and work in the US for a limited time, often for purposes like work, study, or travel. These visas do not lead to permanent residency but can sometimes be renewed or extended.

Travel, Study and Exchange

1. Tourism and business: No cap; B, C, and D visas are issued to tourists, business visitors, and crew members on ships or planes respectively. They typically allow stays of 6 months or less.
2. Students and cultural exchange: No cap; F, J, and M visas are issued to academic students, exchange visitors, and vocational students, respectively. They allow stays ranging from a few months to several years, depending on the program.

Temporary Workers

1. H-1B: 85,000 per year, plus exemptions, for skilled workers. 20,000 places are reserved for US master's degree holders. Typically valid for three years. Some positions, such as those in higher education, are exempt from the cap.
2. H-2A: No cap; for agricultural workers. Typically valid for no longer than a year.
3. H-2B: 66,000 per year, plus DHS expansion; for seasonal non-agricultural workers, often in fields like construction or hospitality. The Department of Homeland Security can expand this cap as needed.
4. L: No cap. for workers transferring within a company. Typically valid for three years and can be extended up to seven years.
5. O: No cap; for workers with extraordinary ability. Typically valid for three years but can be indefinitely extended.
6. TN: No cap; for Mexican and Canadian professionals. Can be renewed indefinitely in three-year increments.

Humanitarian Relief

These programs provide temporary relief to individuals facing extraordinary circumstances or emergencies. They are not legally capped and do not automatically lead to green cards.

Temporary Protected Status (TPS)

Granted to nationals from designated countries experiencing armed conflict, natural disasters, or other crises.

The status is lasts for between six and 18 months and can be renewed at the discretion of the Homeland Security secretary.

Deferred Enforced Departure (DED)

Granted to protect nationals of unstable countries from deportation.

It is similar to Temporary Protected Status but is granted at the discretion of the president, rather than by the Homeland Security secretary.

Deferred Action for Childhood Arrivals (DACA)

For individuals brought to the US before age 16. They must meet certain education and residency criteria.

It offers work authorization and temporary protection from deportation, but not permanent residency.

Since a 2021 court order, Homeland Security has granted two-year renewals but cannot accept first-time applications.

Humanitarian Parole

Case-by-case permission to enter the US for urgent humanitarian reasons or significant public interest.

Used for groups like Ukrainians, Cubans, and Haitians, with some capped and some uncapped programs. Parolees can apply for work authorization.

Limits and Backlogs

Limits to individual countries, wait times, and the large backlog in cases complicate the process of obtaining a green card or temporary visa.

Per-Country Cap

Each country is limited to a maximum of 7% of both family‑ and employment‑based green cards annually.

This means that countries with high numbers of applicants, like India and China, can face significant competition.

Wait Times

Some countries and visa categories have extremely long wait times due to high demand and limited availability.

Some applicants may wait more than twenty years for a green card.

Backlog

There are approximately 3.7 million pending applicants for family-based green cards, and around 121,000 waiting for employment-based green cards.

Demand far exceeds supply, and slow processing times mean a growing backlog of cases.

Repeated attempts to expand legal immigration have failed in Congress.

In 2013, the Senate approved legislation that would have granted a path to citizenship to millions of people, but it died in the House of Representatives.