The United States Immigration and Nationality Act (INA) lays out a structured hierarchy of four preference categories under Section 203(a) that governs the annual distribution of family-sponsored immigrant visas. Each category corresponds to a specific family relationship and carries a fixed annual visa allocation, with provisions that allow unused numbers from higher categories to roll down to lower ones. This framework guides how family-sponsored immigrant visas are distributed each year.
The first preference (F1) is reserved for unmarried sons and daughters of US citizens, with 23,400 visas allocated per year. This category can also absorb any numbers left unused by the fourth preference. The second preference carries the largest annual allocation of any single category, at 114,200 visas. That total can increase further if the worldwide family preference level exceeds 226,000, or if first preference numbers go unused.
The second preference is divided into two sub-categories: F2A, which covers spouses and children of lawful permanent residents and receives 77% of the overall second preference allocation, and F2B, which applies to unmarried sons and daughters aged 21 and older with a parent holding permanent resident status, receiving the remaining 23%. Notably, 75% of the F2A numbers are exempt from per-country limits, a provision designed to shorten waiting times for spouses and young children regardless of their country of birth.
The third preference (F3) applies to married sons and daughters of US citizens, with 23,400 visas available annually, supplemented by any numbers not used by the first and second preferences. The fourth and final preference (F4) covers brothers and sisters of adult US citizens, with a base allocation of 65,000 visas per year plus any remaining numbers from the three preceding categories.
The INA's rollover mechanism means that the actual number of visas issued within each category can vary from year to year. When demand in a higher preference category falls short of its allocation, those surplus numbers become available to the categories below it, giving the system a degree of flexibility in response to shifting application volumes. Per-country limits apply across most categories, capping the share of visas any single country's nationals can receive in a given year.
Ghana and other countries' nationals may benefit from these regulations. The partial exemption built into the F2A sub-category is an exception to that rule and reflects the US government's stated priority of keeping families with close ties to permanent residents together without prolonged separation.
The US government has also listed income requirements that citizens and lawful permanent residents must meet to sponsor foreign family members for a Green Card.
Key points
- The US established four preference categories for family-sponsored immigrant visas under Section 203(a) of the US Immigration and Nationality Act.
- The second preference category has the largest allocation, with 114,200 visas available for spouses and children of lawful permanent residents.
- The US allows unused visa numbers from higher categories to roll down to lower ones, providing flexibility in the system.
