What must an alien have in order to be eligible to receive an immigrant visa?

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An individual must have both an approved visa petition and an available visa number to be eligible for an immigrant visa. The approved visa petition demonstrates that a U.S. citizen or lawful permanent resident has filed a petition on behalf of the alien, indicating that they have met the necessary criteria for a family-sponsored or employment-based immigration category. The availability of a visa number is crucial because immigrant visas are issued in limited numbers each year under various categories. Once the petition is approved, the alien must also wait for their priority date to become current, which indicates that a visa number is available for them to proceed with the visa application process.

In contrast, having only an approved visa petition or solely a visa lottery entry does not guarantee eligibility for an immigrant visa, as the latter does not require a petition but is a separate process. An employment offer can facilitate entry into certain visa categories, but it is not a standalone requirement for eligibility.

Thus, the requirement of both an approved visa petition and an available visa number is foundational for an alien to successfully receive an immigrant visa.

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