Main Pathways to U.S. Immigration: Family, EB-1, NIW and EB-5

When clients ask about immigrating to the United States, the first question is usually which route fits their family. A green card (lawful permanent residence) generally comes through one of two channels: a family relationship with a U.S. citizen or green card holder, or the applicant’s own professional achievements, employment or investment.

Family-Based Immigration

In family-based immigration, a U.S. citizen or green card holder petitions for a relative, and how long the process takes depends on the relationship.

Immediate Relatives

Spouses of U.S. citizens, unmarried children under 21, and parents (the citizen must be at least 21) are immediate relatives. There is no annual cap on this category, so there is no wait for a visa number, and it is usually faster than the other family categories.

Family Preference Categories

Adult children and siblings of U.S. citizens, and spouses and unmarried children of green card holders, fall into the preference categories. These have annual caps, so applicants wait in line by “priority date.” The priority date is generally the date the petition was filed. Each month the State Department publishes the Visa Bulletin, which shows the date each category and country of birth has reached; an applicant can obtain a green card only once their priority date is earlier than that date. Waits range from several years to more than a decade.

Employment-Based Immigration

Employment-based immigration is divided into five preference categories, EB-1 through EB-5. Most require a U.S. employer sponsor, and the employer must first complete PERM labor certification, which means showing the Department of Labor that no qualified U.S. worker is available for the job. Standard EB-2 and EB-3 cases go through this process. The categories below either skip PERM or require no employer at all.

EB-1A: Extraordinary Ability

EB-1A is part of the first preference category and is for people with extraordinary achievement in the sciences, arts, education, business or athletics who have sustained national or international acclaim. It requires no employer sponsor, so applicants can file for themselves, which is its main advantage. The evidentiary bar is high, however: applicants usually need awards, publications, media coverage and similar evidence to meet at least three of USCIS’s ten criteria.

EB-1C: Multinational Executives and Managers

EB-1C is also in the first preference category and covers people transferred by a multinational company to a U.S. affiliate to serve in a managerial role. In the three years before filing, the applicant must have worked for at least one year as a manager or executive at the company’s operation outside the United States. The U.S. company files as the employer and must have been doing business in the U.S. for at least one year.

EB-2 NIW: National Interest Waiver

EB-2 is the second preference category, for people with an advanced degree (or a bachelor’s degree plus five years of progressive experience) or exceptional ability. The NIW (National Interest Waiver) is part of EB-2: when the applicant’s work is important enough to the U.S. national interest, the employer sponsorship and PERM requirements can be waived and the applicant can file on their own. The applicant therefore must first meet the EB-2 requirements, then show that the work has substantial merit and national importance and that they are well positioned to advance it. Proving the national interest is the heart of an NIW case.

EB-5: Immigrant Investors

EB-5 is the fifth preference category: the applicant invests in a U.S. business and creates at least 10 full-time jobs in order to obtain a green card. Under the EB-5 Reform and Integrity Act of 2022, petitions filed on or after March 15, 2022 require a minimum investment of $1,050,000. For projects in a targeted employment area (TEA, meaning a rural area or one with unemployment at least 150% of the national average) or qualifying infrastructure projects, the minimum is $800,000. Both amounts are adjusted for inflation every five years, with the first adjustment applying to petitions filed on or after January 1, 2027; as of September 2026, USCIS had not yet published the new amounts. The investment must be at risk, so applicants need to evaluate the project carefully.

For applicants born in mainland China, EB-5 is not necessarily fast. In the October 2026 Visa Bulletin, the unreserved EB-5 date was still in 2016, while the reserved visas for rural, high-unemployment and infrastructure projects showed no backlog that month, though this can change monthly. China-born applicants also face backlogs in EB-1, EB-2 and EB-3. The “Gold Card” program created by executive order in September 2025 (a $1 million gift from an individual, plus a $15,000 filing fee per person) is also processed under EB-1 or EB-2 NIW and is subject to the same backlogs.

How to Decide

The timing of a green card also changes your tax status. Under the IRS green card test, you generally become a U.S. tax resident on the first day you are in the United States as a permanent resident, and from then on your worldwide income must be reported to the U.S. That is why we plan immigration timing and tax planning together.

If a family member is a U.S. citizen or green card holder, start with family-based immigration. If you have a publicly documented record of achievement in your field, evaluate EB-1A. If you are in management at a multinational company, EB-1C is the more direct route. If you hold an advanced degree and your work can be shown to serve the national interest, NIW does not depend on an employer. If your main qualification is capital, and you can document the lawful source of funds and accept investment risk, consider EB-5, and build the backlog into your timeline.

If you are comparing these routes, we are glad to talk. Immigration filings are handled by our partner immigration attorneys; we plan the immigration timing together with your tax and asset planning.