Immigrant vs Non-Immigrant Visa: Step-by-Step Guide 2025
- Brandosaur
- July 14, 2025
- 10:00 am
Whether you intend to stay temporarily or permanently, navigating U.S. visa categories starts with understanding immigration status. A fundamental point is that immigrant visas are for those seeking to live in the U.S. permanently, while non-immigrant visas are for temporary visits.
This article explains the difference between immigration and non immigration visa categories, lists immigrant visa types in the USA and non-immigrant visa types in USA, and covers post-visa steps and timelines. We use plain, conversational language to make this clear.
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Understanding Immigration Status & Visa Categories
“Immigration status” refers to your legal classification in the U.S.: either a permanent immigrant status (lawful permanent resident) or a temporary nonimmigrant status. If you enter as an immigrant, you are expected to reside indefinitely (e.g., a green card holder). If you enter as a non-immigrant, your stay is temporary, for tourism, work, study, etc. The meaning of immigration status is thus tied to intent: non-immigrants are expected to return home eventually, whereas immigrants plan permanent residency.
- Immigrant (Permanent) Status: Grants you the right to live and work permanently. Also called lawful permanent resident or green card holder.
- Non-immigrant (Temporary) Status: Allows a defined short-term visit (tourism, business, study, certain work). Non-immigrants must stick to the purpose of their entry.
Under U.S. law, an immigrant visa leads to permanent residence. By contrast, a non-immigrant visa allows entry for a temporary purpose. In practice, this means: if you hold an immigrant visa, you can apply for a green card and become an LPR. If you hold a non-immigrant visa, you may only stay for the specified timeframe.
For example, an F-1 student is not an immigrant; F-1 is a non-immigrant visa for temporary study (you must maintain a school enrollment and plan to return home after). In general, F-1 students are considered non-immigrants.
Difference Between Immigrant and Non-Immigrant Visas
To drive home the point, consider this simple distinction: immigrant vs non-immigrant visa. An immigrant visa (IR or EB class) is for people who want to live in the U.S. permanently. A non-immigrant visa (like B, F, H, etc.) is for people who want to visit or work temporarily. Immigrant visas eventually lead to a green card, whereas non-immigrant visas do not (though certain non-immigrant visas allow “dual intent” to later pursue a green card). Below, we explore each category’s types and rules in detail.
Aspects | Immigrant Visa | Non-Immigrant Visa |
Intent & Purpose | Immigrant visas require intent to permanently immigrate. | Non-immigrant visas require intent not to immigrate (temporary stay). If an officer suspects you only applied to stay under a non-immigrant visa permanently, your application can be denied. |
Duration | Immigrants get visas that are valid to get a green card. | Non-immigrants get visas valid for days, months, or years, but always temporary. |
Sponsors | Immigrant visa holders can work without separate authorization after arrival. | Non-immigrants need to ensure their visa category permits work. Also, only LPRs (immigrants) can eventually naturalize to U.S. citizenship. |
Benefits | Immigrant visa holders can work without separate authorization after arrival | Non-immigrants need to ensure their visa category permits work. Also, only LPRs (immigrants) can eventually naturalize to U.S. citizenship. |
Dual Intent Note: Some non-immigrant categories (like H-1B, L-1, K-1) explicitly allow “dual intent,” entering on a temporary visa while legally pursuing permanent residency.
Immigrant Visa Types in USA
There are several immigrant visa categories. Broadly, these fall into employment-based (EB visas) and family-based (IR/F visas), plus a few special categories. The U.S. Department of State groups them, and each has subcategories. Below we summarize the main types and purposes. (Each type listed uses official designations.)
1. Employment-Based Immigrant Visas (EB Visas)
These visas are for workers whose employment situation merits permanent residency. They are numbered EB-1 through EB-5:
Visa Type | Description |
EB-1A | For aliens of extraordinary ability in the sciences, arts, education, business, or athletics. No job offer or labor certification required (you can self-petition). |
EB-1B | Outstanding professors and researchers with international recognition; requires a U.S. job offer. |
EB-1C | Multinational executives or managers transferring to the U.S. require one year of foreign exec experience and a U.S. employer. |
EB-2 | Professionals with an advanced degree (master’s or higher) or exceptional ability in arts/science/business. Typically requires labor certification (PERM) and a job offer. EB-2 NIW: A “National Interest Waiver” option where an applicant can self-petition if their work benefits U.S. interests. |
EB-3 | Skilled workers (2+ years training), professionals (bachelor’s degree), or unskilled “other workers” (jobs requiring less than 2 years training). Requires labor certification. |
EB-4 | Special immigrants (e.g., religious workers, some broadcasters, certain U.S. gov’t employees abroad, etc.). |
EB-5 | Immigrant investor visa: foreign investors who invest at least $800,000 (in a targeted employment area) or $1.05 million in U.S. enterprises that create jobs. |
These EB categories can be complex. For example, EB-1A applicants (extraordinary ability) need to show sustained national/international acclaim. The EB-2 and EB-3 categories usually require a PERM labor certification from the Department of Labor before filing. EB-5 requires investment in a new or existing enterprise that employs at least 10 U.S. workers.
Note: Many clients on O-1 visas (a non-immigrant for extraordinary ability) look to transition to EB-1A. See Brandosaur’s EB1A visa vs O-1 visa and O-1 Visa to Green Card guides for details on how these non-immigrant and immigrant paths interact. Also check our Get an O-1 Visa article for information on obtaining the O-1 first. Additionally, more on employment-based green cards can be found in our Employment-Based Green Card resource.
2. Family-Based Immigrant Visas
U.S. citizens and green card holders can sponsor relatives. These are split into immediate-relative (unlimited visas) and family preference (numerically limited). Common categories include:
Visa Category | Description |
IR-1 / CR-1 (Spouse Visa) | For the spouse of a U.S. citizen. IR-1 is for marriages over 2 years (immediate), and CR-1 is conditional for newer marriages (<2 years). |
IR-2 | Unmarried child (under 21) of a U.S. citizen. |
F1 | (Family 1st preference) Unmarried son/daughter (21+) of a U.S. citizen. |
F2A | (Family 2A) Spouses and unmarried minor children of LPRs (green card holders). |
F2B | (Family 2B) Unmarried adult children (21+) of LPRs. |
F3 | (Family 3rd) Married sons/daughters of U.S. citizens. |
F4 | (Family 4th) Siblings of adult U.S. citizens. |
Note: Don’t confuse the F-1 family visa (son/daughter of a citizen) with the F-1 student visa (a non-immigrant status). The F-1 visa above in this family list is immigrant-based and should not be confused with the F-1 student visa category.
Immediate relatives of U.S. citizens (spouse, parent, unmarried child under 21) have visas available without numerical limits each year, so their processes tend to be faster. Preference relatives (F1–F4) have annual quotas, causing waiting lines (you’ll need to check the Visa Bulletin for availability).
5) EB-5 (Investors)
For investors who create jobs by investing $500,000 to $1 million in a new U.S. commercial enterprise. Typically requires legal investment and job creation.
The table below summarizes the EB categories, who qualifies, and basic requirements:
Category | Who Qualifies | Key Requirements |
EB-1A (Extraordinary Ability) | Individuals with extraordinary talent in the sciences, arts, education, business, or athletics | No job offer required. Must show sustained acclaim (e.g., major awards, publications). Applicants can self-petition. |
EB-1B (Outstanding Prof/Researchers) | Professors and researchers with ≥3 years of experience, internationally recognized | Tenure-track (or equivalent) academic job offer required (filed by employer). |
EB-1C (Multinational Execs/Managers) | Execs/managers of international companies transferring to U.S. affiliate | Must have worked 1+ year abroad in a managerial capacity; U.S. employer files petition. |
EB-2 (Advanced Degree/Exceptional Ability) | Professionals with advanced degrees (or bachelor’s + 5 yrs exp) and those with exceptional ability in science/business/arts | A job offer and Department of Labor labor certification (PERM) are usually needed, unless you qualify for a National Interest Waiver (NIW). |
EB-3 (Skilled/Professional/Other) | Skilled workers (≥2 yrs experience), professionals (bachelor’s), and unskilled “other” workers | Job offer and PERM labor certification required. |
EB-4 (Special Immigrants) | Special groups (e.g., religious workers, certain juveniles) | No labor certification needed. Must file Form I-360 petition for special immigrant status. |
EB-5 (Investors) | Foreign investors creating U.S. jobs | Invest $500K-$1M, create at least 10 full-time jobs. File Form I-526 (I-526E) immigrant petition. |
Each category has annual limits (about 140,000 EB visas per year total, with each EB-1/EB-2/EB-3 normally getting 28.6% each, EB-4/EB-5 smaller shares). Some countries (like India and China) face retrogression, meaning priority date backlogs can delay visa availability.
If you’re applying for any of these categories, working with an experienced employment based green card attorney is highly recommended to avoid common pitfalls.
3. Diversity Visa (DV Lottery)
Each year, the U.S. runs the Diversity Visa lottery for countries with low immigration rates to the U.S. Applicants who win (and qualify) receive a DV Lottery immigrant visa. Only one lottery (DV-2026) is available, and applicants must check official State Department announcements for deadlines.
4. Special Immigrant & Other Categories
Other immigrant visas include:
- SI/SQ Visas: For certain Iraqi and Afghan nationals who worked with the U.S. government or military.
- Returning Resident (SB-1): For green card holders who remained abroad for over a year.
Special Immigrant Juvenile (SIJ): For abused, neglected or abandoned children in the U.S. who need permanent residence.
5. Humanitarian Visas
- Asylum/Refugee-based Visas: Granted to individuals who fled persecution. Refugees apply from abroad; asylees are already in the U.S.
- VAWA: Allows abused spouses/children of citizens or LPRs to self-petition for a green card without the abuser’s involvement.
Each of the above categories ultimately grants a green card (LPR status) if the application is approved. For detailed lists of categories, see the official Department of State visa information or our internal resources.
Non-Immigrant Visa Types in USA
By contrast, non-immigrant visas cover short-term stays. There are many different types for various purposes. Below is a table of some key non-immigrant visa categories you might encounter in 2025 (code and purpose).
Visa Type | Code | Purpose / Description |
Extraordinary Ability Visa | O-1 | For individuals with extraordinary ability in sciences, arts, education, business, or athletics. (Example: prominent researchers, athletes, entertainers with international acclaim.) [See Brandosaur’s Get an O-1 Visa guide for more.] |
Visitor Visa | B-1/B-2 | B1: short-term business travel (meetings, conferences). B2: tourism, medical treatment, visiting. Often combined as B1/B2. |
Student Visa | F-1 | For academic students enrolled full-time at U.S. schools (colleges, universities, or language programs). Must maintain student status. |
Vocational Student Visa | M-1 | For students in non-academic or vocational programs (technical schools, vocational training). No work allowed; program has a fixed duration. |
Exchange Visitor Visa | J-1 | For participants in approved exchange programs (exchange students, research scholars, interns, au pairs, etc.). Requires DS-2019 sponsorship. |
Specialty Occupation Work Visa | H-1B | For professionals in specialty occupations (e.g., engineers, IT, accountants) requiring a bachelor’s degree or higher. Must be sponsored by U.S. employer. Often subject to annual cap/lottery. |
Seasonal Agricultural Worker | H-2A | Allows temporary entry for seasonal or temporary agricultural work (e.g., crop harvesting). Employer must prove a lack of U.S. workers. |
Seasonal Non-Agricultural | H-2B | For temporary/seasonal non-agricultural jobs (e.g., hospitality, landscaping, construction). Employer needs to demonstrate a labor shortage. |
Intra-Company Transfer | L-1A/L-1B | For employees of multinational companies transferring to U.S. offices. L-1A: execs/managers; L-1B: specialized knowledge. Requires 1 year abroad with the company. |
Fiancé(e) Visa | K-1 | For foreign nationals engaged to U.S. citizens. Valid for 90 days; must marry the sponsor, then apply for green card (adjust status). |
Crewmember Visa | D | For crew members (airline, ship) entering the U.S. as part of their duties (pilots, flight attendants, ship crew). |
Transit Visa | C | For travelers passing through the U.S. to another country, such as ship/airline personnel or in-transit passengers. |
Media/Journalist Visa | I | For representatives of foreign media (reporters, filmmakers, journalists) traveling to cover events in the U.S. |
Religious Worker | R-1 | For ministers or religious workers coming to the U.S. for work at a religious organization. Requires 2 years’ membership in the denomination. |
Cultural Exchange | Q-1 | For participants in approved international cultural exchange programs (often through theme parks or cultural institutions). |
Domestic Employee | B-1 Domestic | For personal/domestic staff (e.g., household staff, nanny) accompanying a non-immigrant such as a diplomat or executive. |
NAFTA Professional (USMCA) | TN | For Canadian and Mexican citizens in certain professional occupations (e.g., engineers, scientists, teachers) under NAFTA/USMCA. |
This list covers many common non-immigrant classes, but is not exhaustive. Each visa has its own requirements and allowed activities. For example, an H-1B holder can work only for their sponsoring employer, and a B-2 tourist cannot engage in work. Always check the specific rules for any category.
Easing the Nonimmigrant Visa Process for U.S. Graduates: In June 2024, the Biden administration announced steps to streamline the issuance of certain work visas (like H-1B, L-1) for U.S. college graduates with job offers. This included guidance to encourage consular officers to expedite ineligibility waivers when applicable. These changes aim to help graduates remain in the U.S. more smoothly.
The Immigrant Visa Application & Interview Process
Securing an immigrant visa (and eventual green card) involves several steps:
Step 1: Petition Filed (USCIS Stage)
Usually a U.S. citizen/green card relative or employer files an immigrant petition (Form I-130 for family, I-140 for employment) with USCIS. Once approved, USCIS sends the petition to the National Visa Center (NVC).
Step 2: Document Preparation (NVC Stage)
The NVC collects fees and documents (civil, financial, etc.) from the applicant and petitioner. Once NVC deems the case “documentarily complete,” the visa interview can be scheduled.
Step 3: Visa Bulletin & Priority Date
For preference categories (EB-2, EB-3, F1-F4, etc.), you wait until your “priority date” is current based on the Visa Bulletin. Only then can an interview be set. Immediate relatives (e.g., spouse, parent of a citizen) do not need to wait for dates.
Step 4: Interview Scheduling
When NVC is ready, they schedule an immigrant visa interview at the appropriate U.S. embassy/consulate. The applicant will receive an email with the interview date. Interview Wait Times: The State Department provides an IV Scheduling Status Tool to see when applicants in your category are being interviewed.
This tool shows the “documentarily complete” month being scheduled, helping you estimate your wait. It does not guarantee an exact date, but gives guidance (e.g. “cases complete in Jan 2024 are being scheduled now”). Factors affecting wait times include embassy capacity and Visa Bulletin movement.
Step 5: Visa Interview
At the embassy/consulate interview, a consular officer reviews your documents and assesses your eligibility. If approved, you pay any remaining fees, and your passport is returned with the immigrant visa stamped. If refused, the officer will explain the grounds (and possible waivers).
Step 6: USCIS Immigrant Fee
Before you travel, you must pay the USCIS Immigrant Fee (if not exempt) to cover the production of your green card. USCIS will not mail your green card until this fee is paid. (See the USCIS Immigrant Fee page for instructions.)
Step 7: Travel and Admission
You must enter the U.S. before the visa expires (typically 6 months). At the U.S. port of entry, present your immigrant visa packet to Customs and Border Protection (CBP). You will be inspected and, if admitted, you become a lawful permanent resident upon entry. CBP will endorse your visa and stamp your passport (often with an I-551 stamp as temporary proof of residency).
Step 8: Green Card Arrival
After you enter as a permanent resident, USCIS will mail your physical green card to your U.S. address. They verify your fee was paid, then send the card to the address you provided at your interview (or to CBP if you updated your address upon entry). If you do not pay the fee before travel, USCIS will send a notice later to get it paid; your green card won’t be issued until the fee is paid.
Step 9: Post-Approval
Once admitted, you have the right to live and work permanently in the U.S.. You will receive Social Security and can eventually apply for citizenship after meeting residency requirements.
What Happens After You Get Your Immigrant Visa?
Once your immigrant visa is approved and placed in your passport, you have tasks to complete:
Review Visa
When your visa is returned to you, check that all information (name, birthdate, visa category) is correct. Report any errors immediately to the embassy/consulate.
Pay USCIS Fee
Pay the USCIS Immigrant Fee before traveling (or soon after). This is required to produce your green card. Without payment, USCIS will delay mailing your green card.
Plan Your Move
Remember the visa expiration. You must enter the U.S. before the visa expires (usually 6 months from issuance). Do not make irreversible plans (like selling property) until your visa is in hand and fee paid.
Entering the U.S.
The primary applicant should enter the U.S. first (the derivative family can enter together). Admission is not automatic; CBP will inspect you at entry. Present your visa packet. Once admitted, you immediately become a Lawful Permanent Resident (green card holder).
After Arrival
CBP will stamp your passport with a temporary I-551 “Green Card” stamp (valid for 1 year). Within a few weeks of your arrival, USCIS will mail your official Green Card to you. If your address changes right after arrival, inform CBP of your new address so USCIS has it on file. If you don’t get your card within 90 days, USCIS advises checking your case status.
Permanent Residency
As soon as you are admitted, you have the rights of a permanent resident, you can live and work anywhere in the U.S. without needing an employer-specific visa. Keep your green card safe once received. You should also apply for a Social Security number if you don’t already have one, as SSN is used for tax and work authorization. (Green card holders may eventually qualify for benefits like Social Security and Medicare once they meet the same requirements as citizens.)
Interview Wait Times and Visa Timing
Two key timeline factors applicants often ask about are interview wait times and visa processing speed:
Interview Wait Times
For immigrant visas, the State Dept’s IV Scheduling Tool helps estimate timing. It shows the month/year for which interviews are being scheduled at each consulate. (For example, it might show “Case complete June 2024” for your category.) If your case was completed that month, you may expect an interview soon. This tool is updated monthly. Keep in mind, no specific appointment date is guaranteed – it’s a guideline. Factors like embassy staffing and visa caps can affect actual scheduling.
Visa Bulletin
For family- or employment-based categories with quotas, you must wait for your “priority date” to become current on the Visa Bulletin. Visit the Visa Bulletin to compare your date. Your case will only be scheduled once a visa is available (and you’re complete). If dates retrogress (move backwards), interviews will be paused until the date is current again.
Non-immigrant Visa Wait Times
For certain work visas (H-1B, L-1, etc.), the State Dept. posts appointment wait times for each consulate. As of mid-2024, many such waits are minimal (often just days to a few weeks). Applicants can check current wait times on the U.S. Visas website or embassy pages.
Easing the Nonimmigrant Visa Process for U.S. College Graduates
In summer 2024, the U.S. government announced a policy update titled “Easing the Nonimmigrant Visa Process for U.S. College Graduates”. This initiative clarified that consular officers should more readily recommend ineligibility waivers for employment visas (like H-1B) for recent U.S. graduates with job offers, speeding up visa issuance. In practice, this means qualified graduates may get faster H-1B or other employment visa approvals when changing status. All standard visa steps remain (USCIS petition, DS-160, interview), but waivers of certain grounds (e.g., prior overstays) may be handled more swiftly.
Need Help with Visa Consultation?
Immigration and visas can be complex. If you have specific questions or need guidance, consult an immigration attorney or visa expert. For personalized assistance, contact Brandosaur’s team of experts via our Contact Us page. We can help assess your situation, clarify immigration status meaning, and chart the best visa path for you.
FAQs
What is the difference between an immigrant and a non-immigrant visa?
Simply put, an immigrant visa is for permanent residency (leads to a green card), while a non-immigrant visa is for temporary stays. Immigrants can live/work indefinitely in the U.S.; non-immigrants must leave by their visa’s expiry and stick to the visa’s purpose (tourism, study, etc.).
Are F-1 students considered non-immigrants?
Yes, F-1 visas are non-immigrant visas for international students. An F-1 student is admitted temporarily to study in the U.S. and must have plans to return home after the program. F-1 status is explicitly temporary.
Do green card holders get Medicare?
Green card holders (lawful permanent residents) have the same Medicare eligibility rules as U.S. citizens. They can qualify for Medicare if they are 65 or older and have at least 5 years of permanent residency. In fact, one is “automatically eligible” for Medicare at age 65 after 5 years LPR status. Those under 65 may qualify if disabled and meeting Social Security work-credit requirements. (In short, yes – green card holders can get Medicare, but must meet age/residency criteria like any U.S. resident.)
How do I check or see my residency status?
If you filed an immigrant petition or adjustment application, you can check your case’s status online via USCIS’s Case Status tool. Enter your receipt number from the I-130/I-140 or I-485 notice on USCIS.gov to see updates. Once you are admitted as a permanent resident, your status is officially “Lawful Permanent Resident.” You can confirm this by receiving your green card (Form I-551). Until your physical card arrives, the I-551 stamp in your passport proves your LPR status.
What counts as a non-immigrant visa?
Any visa intended for a temporary stay is a non-immigrant visa. This includes tourist/business visas (B-1/B-2), student visas (F-1, M-1), exchange visas (J-1), work visas (H-1B, L-1, etc.), transit (C), and many others. Essentially, if the visa category letter is A through V (except for K-1 fiancé visas, which are a bridge to immigrant status), it’s a non-immigrant.
Who qualifies for a non-immigrant visa?
Any foreign national whose visit is intended to be temporary and who meets the specific visa’s requirements. For example, to qualify for a tourist (B-2) visa, you must show you plan to return home (strong ties). For an F-1, you must be accepted by a U.S. school and prove intent to depart after studying. For H-1B, you need a job offer and labor condition approval. In general, you qualify if you have a legitimate reason to visit (tourism, study, business, etc.), meet that visa’s conditions, and intend to abide by U.S. rules for temporary stay.
Who cannot sponsor an immigrant?
Only U.S. citizens or lawful permanent residents (green card holders) can sponsor relatives for an immigrant visa (Form I-130, etc.). That means if you are not a U.S. citizen or permanent resident, you cannot sponsor a family member.
Also, certain individuals are disqualified from sponsoring: for example, someone with a disqualifying criminal history (fraud, abuse, trafficking, etc.) or someone who previously sponsored an immigrant who became a public charge. In short, to sponsor an immigrant you must be 18+, in the U.S. as a citizen/LPR, and meet financial support obligations (form I-864 affidavit of support).
