Embassy of the United States Algiers, Algeria

General information on Filing an Immigrant Petition

All intending immigrants must obtain an approved immigrant visa petition from DHS (USCIS) , filed on their behalf by their family or a prospective employer.

Visa Categories & Requirements

Every immigrant visa beneficiary falls into a category determined by the beneficiary’s family tie to the American citizen or Lawful Permanent Resident (LPR) petitioner, or by the type of work they will do in the United States, in the case of employment-based visas. There are three broad categories:

• Family-Based Immigration

The Immigration and Nationality Act establishes two groups of family-based classification: immediate relatives and family preference classifications.  Immediate relative classifications are based on a close family relationship with an American citizen such as: spouse, child, orphan, or parent.  Family preference classifications involve specified, more distant family relationships with an American citizen or closer family relationships with a Lawful Permanent Resident.  Immediate relative visas have no numerical limitations and therefore are processed more quickly than are most preference-based immigrant visas.

Numerical Limitations: Whenever there are more qualified applicants for a category than there are available visa numbers, the category is considered oversubscribed. Immigrant visa numbers are issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached.  The filing date of a petition becomes the applicant's priority date.  Immigrant visa numbers cannot be issued until an applicant's priority date is reached.  In certain heavily oversubscribed categories, there may be a waiting period of many years before a priority date is reached.

• Employment-Based Immigration

The Immigration and Nationality Act provides a worldwide yearly minimum of 140,000 employment-based immigrant visas.  All intending immigrants who plan to base their immigrant visa application on employment in the United States must obtain an approved immigrant visa petition, filed by their prospective employer, from the Department of Homeland Security (DHS).  If a labor certification is required, the employer must first obtain the certification and then file a Form I-140 (PDF 77 KB), Immigrant Petition for Alien Worker.  A person whose occupation requires a labor certification must have prearranged employment in the United States.

• Visa Lottery (Diversity Visa)

To apply for a Diversity Visa you must submit your application electronically using the website www.dvlottery.state.gov/.  No fee is required for registration.  Winners will be notified by mail, and not by email or other methods.