The Immigration
and Nationality Act, sets annual minimum family sponsored preference and
employment based preference limits of immigrant visas. Family sponsored (except immediate
relatives) and employment based immigration are
numerically limited based upon country, thus a "quota" system.
The United States Department of State, Bureau of
Consular Affairs, Visa Bulletin, which is published monthly, summarizes
the availability of immigrant visa number during a specific month for the
preference categories. Consular officers are required to report to the
Department of State qualified applicants for numerically limited visas and
the Immigration and Naturalization Service reports applicants for
adjustment of status. Only applicants who have a priority date earlier
than the cut off date may be allocated a number.
The following are family and employment based
preferences in general.
FAMILY SPONSORED PREFERENCES ARE AS FOLLOWS:
First Preference: Unmarried
Sons and Daughters of Citizens.
Second Preference:
Spouses and
Children, and Unmarried Sons and Daughters of Permanent Residents.
a) Spouses and Children;
b) Unmarried Sons and Daughters.
Third Preference:
Married Sons
and Daughters (21 years of age or older).
Fourth Preference:
Brothers
and Sisters of Adult Citizens.
EMPLOYMENT
BASED PREFERENCES ARE AS FOLLOWS:
First Preference:
Priority
Workers.
Second Preference:
Members of
the Professions Holding Advanced Degrees or Persons of Exceptional
Ability.
Third Preference:
Skilled
Workers, Professionals, and Other Workers.
Fourth Preference:
Certain
Special Immigrants.
Fifth Preference: Employment
Creation.
See Department of State Visa Bulletin link in our
"Related Links" section.