How Green Card Categories and Preference Systems Work

Over 40 Million People Hold Green Cards—Millions More Have Waited Decades for One

As of 2023, approximately 40 million lawful permanent residents (LPRs) live in the United States, holding the most significant immigration status short of citizenship. A green card—formally known as a Permanent Resident Card—grants the holder the right to live and work permanently in the United States, travel in and out without a visa (with some limitations), and petition for certain family members. Yet for nationals of high-demand countries like India, China, Mexico, and the Philippines, the wait for an employment-based green card can stretch to decades. Workers from India in the EB-2 category have faced priority date backlogs exceeding 100 years as of the mid-2020s. The preference system at the heart of green card allocation is codified in the Immigration and Nationality Act (INA), primarily at 8 U.S.C. §§ 1151–1157.

Each fiscal year, Congress sets numerical limits on green cards allocated through the preference system—currently approximately 675,000 per year, plus unlimited immediate relative green cards for spouses, parents, and unmarried minor children of U.S. citizens.

Green Card Categories Overview

Green cards flow through four primary pathways, each with distinct rules and visa availability.

Refugees and asylees may also adjust to LPR status after one year, under separate provisions at 8 U.S.C. §§ 1157–1158, outside the numerical limits above.

Family Preference Categories

Family-based immigration beyond immediate relatives is divided into four preference tiers, each with annual caps and per-country limits (no single country may receive more than 7% of total family preference visas):

• F1 (First Preference): Unmarried sons and daughters of U.S. citizens (age 21+). Approximately 23,400 visas per year plus unused F4 visas.
• F2A (Second Preference A): Spouses and unmarried children under 21 of LPRs. Approximately 87,900 visas per year. These petitioners have a higher annual allocation, and per-country limits are partially suspended for this sub-category.
• F2B (Second Preference B): Unmarried sons and daughters (21+) of LPRs. Approximately 26,300 visas per year.
• F3 (Third Preference): Married sons and daughters of U.S. citizens. Approximately 23,400 visas per year.
• F4 (Fourth Preference): Brothers and sisters of adult U.S. citizens. Approximately 65,000 visas per year. Waits for Mexican and Filipino nationals can exceed 20 years.

Employment Preference Categories

Employment-based (EB) green cards are allocated among five preference tiers totaling approximately 140,000 visas per year, plus the same 7% per-country cap.

The Priority Date System and Visa Bulletin

When demand for a visa preference category exceeds annual supply, applicants must wait for their "priority date" to become current. The priority date is the date the petition was filed. Each month, the State Department publishes the Visa Bulletin, which sets the cutoff date for each category and country of chargeability. Only applicants whose priority dates are earlier than the cutoff date may proceed to the final step—adjustment of status or consular processing.

The per-country cap creates the deepest backlogs. India-born EB-2 and EB-3 applicants may wait generations under current law because the annual per-country allocation is consumed by new petitions faster than it is distributed, causing the priority date to barely move or even retrogress. The National Defense Authorization Act and various legislative proposals have attempted to reform this system—none has succeeded as of the mid-2020s.

This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for legal guidance.