Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published May 11, 2026 · Last reviewed June 26, 2026
Visas, green cards, work authorization, and the path to citizenship — in plain English.
U.S. immigration law puts every noncitizen in one of two buckets. Nonimmigrant status is temporary: you come for a set purpose (tourism, study, work, business) and leave when your authorized stay ends. Immigrant status is permanent: you're admitted to live and work here indefinitely, almost always as a lawful permanent resident (green card holder).
The bucket sets the rules at every stage: how you apply, how long you can stay, whether you can work, whether family can join you, and what costs you your status. The master law for both is the Immigration and Nationality Act (INA).
Most nonimmigrant visas fall into a few categories. Each sets its own eligibility rules, application process, time limits, and rules for dependents.
Family-based green cards run on two tracks. Immediate relatives of U.S. citizens — spouses, unmarried children under 21, and parents of citizens 21 or older — have no annual cap, so an immediate-relative petition (Form I-130) moves to adjudication once it's filed.
Everyone else falls into the "family preference" categories, which have per-country and worldwide annual caps. Waits swing widely 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 tops 20 years.
Employment-based immigrant visas split into five preference categories. EB-1: people of extraordinary ability, outstanding professors and researchers, and multinational executives. EB-2: professionals with advanced degrees or exceptional ability — including the National Interest Waiver (NIW) for work in the U.S. national interest. EB-3: skilled workers, professionals, and other workers.
Most EB-2 and EB-3 cases run three steps: an employer-sponsored PERM labor certification from the Department of Labor, 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 covers special immigrants (religious workers, certain government employees). EB-5 is the immigrant investor program — 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 your immigrant petition is approved and a visa is available, you finish one of two ways. Adjust status: file Form I-485 with USCIS while inside the U.S. Consular processing: attend an immigrant visa interview at a U.S. embassy or consulate abroad. Each route has tradeoffs.
Adjustment of status is generally faster if you're already in the U.S. on valid nonimmigrant status. It lets you request work and travel authorization through Forms I-765 and I-131 and avoids leaving the country. Consular processing is required if you're outside the U.S., and is sometimes the only option if you fell out of status — watch the 3- and 10-year unlawful-presence bars, which trigger only when you depart.
Some statuses let you work automatically: H-1B, L-1, O-1, lawful permanent resident. Others need a separate Employment Authorization Document — Form I-765, the EAD — issued by USCIS under federal work-authorization categories. The EAD is the work-authorization tool for adjustment-of-status applicants, asylum seekers, F-1 students on OPT or STEM OPT, and DACA recipients, among others.
EADs usually run one or two years; renew before yours expires. Some categories get an automatic extension of up to 540 days when you file the renewal on time — a key detail for employees and employers tracking I-9 compliance.
Asylum protects people already in the U.S. who were persecuted, or fear persecution, on account of race, religion, nationality, political opinion, or membership in a particular social group. File Form I-589 within one year of arrival; limited exceptions apply for changed or extraordinary circumstances. Approved asylees can apply for a green card after one year.
Temporary Protected Status (TPS) shields nationals of designated countries from removal and grants work authorization while the designation lasts. By design it's temporary and does not lead directly to a green card. The list of TPS countries changes; USCIS posts the current list and re-registration windows on its website.
Naturalization — becoming a U.S. citizen — is generally open to lawful permanent residents who: have held a green card at least five years (three if married to and living with a U.S. citizen the whole time), were physically present in the U.S. at least half that period, show good moral character, 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. A trip abroad of six months or more can break continuous residence unless you rebut the presumption with evidence — a maintained U.S. home, U.S. tax filings, a U.S. employer. Know these rules before booking extended international travel ahead of naturalization.
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.