Written & reviewed by NotALawyer Legal AI · Updated May 2026
Visas, green cards, work authorization, and the path to citizenship — in plain English.
U.S. immigration law sorts every noncitizen entering the country into one of two buckets. Nonimmigrant status is temporary — the person is here for a defined purpose (tourism, study, work, business) and is expected to leave when the authorized stay ends. Immigrant status is permanent — the person has been admitted to live and work in the United States indefinitely, almost always as a lawful permanent resident ("green card" holder).
The distinction matters because the rules for each are different at every stage: how you apply, how long you can stay, whether you can work, whether your family can join you, and what triggers loss of status. The Immigration and Nationality Act (INA) — codified at 8 U.S.C. §§1101 and following — is the master statute that governs both.
Most nonimmigrant visas fall into a handful of categories. Each has its own eligibility rules, application process, and limits on duration and dependents.
Family-based green cards are split into two tracks. Immediate relatives of U.S. citizens — spouses, unmarried children under 21, and parents of citizens 21 or older — face no annual cap, so an immediate-relative petition (Form I-130) generally moves to adjudication as soon as it's adjudicated.
Other family members fall into the "family preference" categories under INA §203(a) and are subject to per-country and worldwide annual caps. Wait times vary dramatically by category and country of birth and are tracked monthly in the State Department's Visa Bulletin — for some categories from high-demand countries, the wait can exceed 20 years.
Employment-based immigrant visas are organized into five preference categories under INA §203(b). EB-1 covers people of extraordinary ability, outstanding professors and researchers, and multinational executives. EB-2 covers professionals with advanced degrees or exceptional ability — and includes the National Interest Waiver (NIW) for those whose work is in the U.S. national interest. EB-3 covers skilled workers, professionals, and other workers.
Most EB-2 and EB-3 cases require an employer-sponsored PERM labor certification from the Department of Labor first, then an I-140 petition with USCIS, then either consular processing abroad or adjustment of status (Form I-485) inside the U.S. EB-4 is for special immigrants (religious workers, certain government employees), and EB-5 is the immigrant investor program — current minimum investment is $1,050,000 (or $800,000 in a Targeted Employment Area) under the EB-5 Reform and Integrity Act of 2022.
Once an immigrant petition is approved and a visa is available, the applicant can either "adjust status" (file Form I-485 with USCIS while inside the U.S.) or use "consular processing" (go to a U.S. embassy or consulate abroad for an immigrant visa interview). Each route has tradeoffs.
Adjustment of status is generally faster for those already in the U.S. on a valid nonimmigrant status, allows concurrent work and travel authorization through Forms I-765 and I-131, and avoids the disruption of leaving the country. Consular processing is required for applicants outside the U.S., and is sometimes the only option for those who fell out of status (subject to the 3- and 10-year bars under INA §212(a)(9)(B), which only trigger upon departure).
Some statuses confer the right to work automatically (H-1B, L-1, O-1, lawful permanent resident). Others require a separate Employment Authorization Document — Form I-765, commonly called an EAD — issued under the categories listed in 8 C.F.R. §274a.12. EADs are the work-authorization mechanism for adjustment-of-status applicants, asylum seekers, F-1 students on OPT or STEM OPT, and DACA recipients, among others.
EADs typically run one or two years and must be renewed before expiration. Some categories allow auto-extension of up to 540 days when a renewal is filed timely under DHS regulations — a critical detail for employees and employers tracking I-9 compliance.
Asylum protects people already in the U.S. who have been persecuted or fear persecution on account of race, religion, nationality, political opinion, or membership in a particular social group (INA §208). The application is Form I-589 and must generally be filed within one year of arrival, with limited exceptions for changed or extraordinary circumstances. Approved asylees can apply for a green card after one year.
Temporary Protected Status (TPS) under INA §244 protects nationals of designated countries from removal and grants work authorization while the designation is in effect — but it is, by design, temporary, and does not lead directly to a green card. The list of TPS-designated countries changes; USCIS publishes the current list and re-registration windows on its website.
Naturalization — becoming a U.S. citizen — is generally available to lawful permanent residents who have held a green card for at least five years (three years if married to and living with a U.S. citizen the entire time), have been physically present in the U.S. for at least half of that period, can demonstrate good moral character, can pass an English and civics test, and take the Oath of Allegiance. The application is Form N-400.
Continuous-residence and physical-presence rules are strict: trips abroad of six months or more can break continuous residence under INA §316(b) unless the applicant rebuts the presumption with evidence (maintained U.S. home, U.S. tax filings, U.S. employer). Anyone planning extended international travel before naturalization should understand these rules before booking the trip.
More on this topic: the Immigration hub
These guides are general information about the law, not legal advice for your specific situation. Talk to a licensed lawyer in your state before making decisions that affect your rights.