Immigrant Visas
Immigrant Visa Application Process
In general, any applicant for an immigrant visa must be the beneficiary of an approved petition. A few categories of applicants such as priority workers, investors, certain special immigrants, and diversity immigrants can petition on their own behalf. All other intending immigrants must have a relative or potential employer petition on their behalf.
Applicants for family-sponsored immigrant visas who believe they are entitled to immigrant status based on a relationship to a US citizen or lawful resident alien (see above), should request that relative to file a petition (Form I -130) with the nearest office of the U.S. Citizenship and Immigration Service (USCIS) in the United States. If the American citizen sponsor is physically present in our consular district, he or she may file the petition with us for their spouse, parent, or unmarried child under the age of 21.
Applicants for employment-based immigrant visas who believe they are entitled to immigrant status based on proposed employment in the US, require an approved petition (Form I-140) from an USCIS office in the US. People who qualify as Priority Workers may petition on their own behalf with the USCIS, while others must have prospective employers file their petitions. Prior to filing a petition with the USCIS, applicants for classification as a member of the professions, professionals, skilled or unskilled workers must obtain certification from the Department of Labor that there are no qualified workers available for the proposed employment in the US. (see also the work-based visas section in the non-immigrant visas section of the homepage)
An investor, as described above, must file a Form I -526 petition with USCIS.
Special immigrant returning residents and US government employees, as described above, must apply to the Secretary of State through a US Consular Office abroad. All other special immigrants must file a Form I-360 petition with an USCIS office.