How to Immigrate to the USA: Guide to the Main Legal Pathways in 2026

Building a new life in the United States is a goal shared by millions of people around the world. With dozens of visa categories available, the American immigration system offers legal pathways for skilled professionals, investors, researchers, and families who wish to settle in the country. The first step is to understand which routes exist and which one fits your profile, considering academic background, professional experience, available capital, and long-term goals. This guide presents the main immigration pathways, with updated data as of April 2026.

Green Card by Employment

The employment-based preference categories (EB) are the most common routes for professionals seeking permanent residence in the US. Each category has specific requirements, and understanding the differences is essential to choose the correct strategy.

EB-2 NIW

The EB-2 National Interest Waiver is one of the most sought-after routes for qualified professionals. Unlike most employment categories, the NIW waives the need for a job offer and labor certification (PERM). The applicant must demonstrate that they have an advanced degree (master’s or higher) or exceptional ability, and that their work benefits the national interests of the United States. The analysis follows the three-prong framework established in Matter of Dhanasar (2016): the endeavor must have substantial merit and national importance, the applicant must be well positioned to advance it, and it must be beneficial to waive the job offer requirement. The I-140 petition fee is US$ 715, with premium processing available for US$ 2,965 since March 2026. In the April 2026 Visa Bulletin, the EB-2 category is current for all countries except China (September 1, 2021) and India (July 15, 2014).

EB-1

The EB-1 category is intended for professionals with extraordinary achievements. It is divided into three subcategories: EB-1A (extraordinary ability), which requires evidence in at least 3 of the 10 regulatory criteria set forth in 8 CFR 204.5(h)(3); EB-1B (internationally recognized researchers and professors); and EB-1C (transferred executives and managers of multinational companies). The advantage of EB-1 is the highest priority in the visa queue, and EB-1A also waives the job offer requirement. The I-140 petition fee is also US$ 715, with premium processing for US$ 2,965.

EB-3

The EB-3 category serves skilled workers (with at least 2 years of experience or training), professionals (with a bachelor’s degree), and unskilled workers. Unlike the EB-2 NIW, EB-3 requires a permanent job offer and labor certification (PERM) approved by the Department of Labor. The PERM process involves recruitment to prove that there is no qualified and available US worker for the position. PERM processing times vary, but in 2026 the average is between 8 and 14 months.

EB-5 (Investor)

For those with capital to invest, the EB-5 offers a path to a Green Card through investment in a commercial enterprise that creates at least 10 full-time jobs. The minimum investment in 2026 is US$ 800,000 in Targeted Employment Areas (TEA) or US$ 1,050,000 in non-TEA areas. Projects in regional centers are popular because they allow the counting of indirect jobs. The EB-5 category has special priority for rural projects, which have set-aside reserved visas since the 2022 reform (EB-5 Reform and Integrity Act).

Temporary Visas with Potential

L-1: Intra-company Transfer

The L-1 visa allows multinational companies to transfer executives, managers (L-1A), or employees with specialized knowledge (L-1B) to operations in the US. The professional must have worked for the company abroad for at least 1 of the last 3 years. The L-1A can serve as a springboard to the Green Card via EB-1C, without the need for labor certification. The initial validity is up to 3 years (1 year for new offices), with possible extensions up to a maximum of 7 years for L-1A and 5 years for L-1B.

E-2: Treaty Investor

The E-2 visa is available to citizens of countries that maintain a treaty of commerce and navigation with the US. The investor must apply substantial capital in a real and operating American business. The E-2 is renewable indefinitely as long as the business is active, but it does not lead directly to a Green Card. For Brazilians, the E-2 is not directly available, as Brazil does not have a bilateral treaty with the US for this purpose. However, citizens with dual nationality from eligible countries (such as Italy, Portugal, or Japan) can use this route with the passport of the country that maintains the treaty.

STEM Professions in High Demand

Professionals in science, technology, engineering, and mathematics (STEM) fields have significant advantages in the American immigration system. In addition to greater ease in meeting the criteria for EB-2 NIW and EB-1A, STEM fields often qualify for 24-month OPT (Optional Practical Training) extensions for students with F-1 visas, totaling up to 3 years of practical experience in the US.

Among the areas with the highest demand in 2026 are: software engineering and artificial intelligence, with median salaries above US$ 130,000 per year; data science and cybersecurity, in rapid expansion; healthcare, including nurses, physical therapists, and pharmacists, with projected growth of 6% to 9% by 2033 according to the Bureau of Labor Statistics; and civil engineering, driven by federal investments in infrastructure.

Common Steps in the Process

Regardless of the chosen category, the employment-based immigration process generally follows common steps. First, the eligibility assessment: comparing academic qualifications, professional experience, and achievements with the requirements of the intended category. Second, the petition preparation: gathering supporting documentation, which may include diplomas evaluated by accredited agencies (such as WES or ECE), recommendation letters, publications, awards, and evidence of professional impact.

Third, filing the I-140 petition with USCIS, with the US$ 715 fee plus the Asylum Program Fee (from US$ 0 to US$ 600 depending on the type of petitioner). Fourth, waiting for visa availability according to the monthly Visa Bulletin published by the Department of State. Fifth, adjustment of status (form I-485, for those already in the US) or consular processing (form DS-260, for those abroad). The consular route usually has more predictable timelines for most countries.

Dependents and Family

Most visa categories allow the inclusion of spouse and unmarried children under 21 as dependents. In EB petitions, the spouse and children receive derivative visas and, upon approval, obtain their own Green Cards. It is essential to include dependents at the time of filing to avoid future complications. Children who turn 21 during the process may lose eligibility as dependents (aging out), although the Child Status Protection Act offers partial protections depending on the category.

Diploma Evaluation

Degrees obtained outside the US need to be evaluated by accredited agencies to prove equivalence to the American educational system. The most commonly used agencies include World Education Services (WES) and Educational Credential Evaluators (ECE). For EB-2, it is necessary to demonstrate equivalence to at least a US master’s degree. For EB-3 professional, equivalence to a bachelor’s degree. This evaluation is different from the validation required to practice certain regulated professions (such as medicine, dentistry, or law), which requires additional exams and licensing in each state.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.