Citizenship at birth through a U.S. citizen parent
A child born abroad can acquire citizenship at birth when the citizen parent meets the applicable residence, physical-presence, parentage, and date-of-birth rules.
The Fourteenth Amendment Citizenship Clause and 8 U.S.C. ยง 1401 grant citizenship at birth to a person born in the United States and subject to its jurisdiction. Traditional exceptions include children of foreign diplomats (and related extraterritorial fictions), not a parental-status test. Executive Order 14160 (20 January 2025) sought to deny citizenship to children of parents unlawfully or temporarily present; the Supreme Court held in Trump v. Barbara (25-365, 30 June 2026) that such children remain subject to U.S. jurisdiction and are citizens at birth. Unconditional jus soli for birth-tourism purposes remains the law.
Nonimmigrant status for nationals of treaty countries who invest a substantial amount of capital in, and develop and direct, a bona fide US enterprise. Granted in periods of up to two years with unlimited extensions, but it is not an immigrant category and provides no path to permanent residence.
Employment-based first-preference immigrant classification for a person of extraordinary ability in the sciences, arts, education, business, or athletics who has sustained national or international acclaim. The applicant may self-petition on Form I-140: no job offer and no labor certification are required. Evidence must show either a one-time major internationally recognized award or at least three of the ten regulatory criteria, plus intent to continue work in the field. Approval leads to lawful permanent residence (subject to visa-number availability), not temporary nonimmigrant status.
Employment-based fifth-preference immigrant visa for investors who invest at least USD 1,050,000 (USD 800,000 in a Targeted Employment Area) in a new commercial enterprise creating 10 full-time US jobs. Grants conditional permanent residence, with conditions removed after two years via Form I-829.
Variant of the EB-5 visa for investment through USCIS-designated regional centers, where up to 90% of the 10-job requirement may be met with indirect jobs. Most regional-center projects are structured in Targeted Employment Areas at the USD 800,000 threshold.
Created by Executive Order 14351 of 19 Sep 2025, the Gold Card treats an unrestricted gift of USD 1,000,000 (individual) or USD 2,000,000 (entity-sponsored) to the US Department of Commerce as evidence supporting EB-1 extraordinary-ability or EB-2 national-interest-waiver immigrant classification.
Employer- or agent-petitioned status for extraordinary ability in the sciences, education, business, or athletics (O-1A), or distinction in the arts and extraordinary achievement in film and television (O-1B). Approved for up to three years per event or activity and extendable in one-year increments with no statutory cap. Quasi-dual-intent by regulation: pursuing a green card is not a ground for denial. USCIS approved 93.9% of O-classification completions in FY2025 (94.5% in FY2024).
Exchange normally requires residence in the destination and replaces the original licence. The official authority still decides validity, deadlines, classes, and any extra checks.