Immigrant Visas Visa Categories

Under U.S. Immigration and Naturalization Law you may only immigrate to the United States if someone files a petition on your behalf. This person is called the PETITIONER and may be either a close relative or an employer. The following categories of people may file a petition on your behalf: IR: Immediate relative: All U.S. citizens may file petitions on behalf of their spouse and any children under age 21, whether married or not. U.S. citizens who are over age 21 may also file petitions on behalf of their parents. A separate petition must be filed for each relative. There is no waiting period for a visa number in this category: visas are issued to qualified applicants as soon as the petition has been approved and the applicant (BENEFICIARY) has collected all required documents. F1: First preference: U.S. citizens may file petitions on behalf of their children over age 21 provided that the children are not married. F2: Second preference: Aliens who are Legal Permanent Residents (LPR) of the United States may file petitions on behalf of their spouse, children under age 21, and unmarried children over age 21. F3: Third preference: U.S. citizens may file petitions on behalf of their married children over age 21, along with their spouse and any children under age 21. F4: Fourth preference: U.S. citizens who are over age 21 may file petitions on behalf of their brothers and sisters. If their brothers and sisters are married, their spouses and any children under age 21 are also eligible. EW: Employment based: U.S. employers may file petitions on behalf of their current or prospective employees. To do so they must first obtain “labor certification” from the Department of Labor office nearest their home. The PETITIONER should contact the U.S. Department of Labor and USCIS in the United States for more information on this category. NOTE: Any other relatives, such as uncles, aunts, cousins, grandparents, brother in-law, and godparents do not qualify under any category for an immigrant visa. American citizens can petition for fiancé(e)s. Contact USCIS services in the U.S. for more information. In order to file a petition for a relative, the PETITIONER must present certain documents to USCIS nearest his/her home in the United States.

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