Learning about the difference between immigrant and non-immigrant visas is the first step to choosing the right U.S. visa for your goals. Whether you’re planning a short visit or aiming to become a permanent resident, your visa category determines how long you can stay and what you’re allowed to do in the United States.

From tourist and student visas to employment-based Green Cards, the U.S. immigration system offers a wide range of visa types, each with its own rules, benefits, and limitations. Making the right choice matters, especially if you’re hoping to extend your stay or adjust your status in the future.

In this guide, we’ll break down the key differences between U.S. immigrant and non-immigrant visas, explore the most common options, and help you determine which one fits your situation best.

What Is an Immigrant Visa?

An immigrant visa is a U.S. visa that allows a foreign national to live and work permanently in the United States. Individuals who receive an immigrant visa are granted lawful permanent resident status, which means they can stay in the U.S. indefinitely and eventually apply for U.S. citizenship, if eligible.

Immigrant visas are intended for people who plan to make the U.S. their long-term home. After entering the country with this visa, recipients are typically issued a Green Card. This gives them the right to work for any employer, own property, attend school, and enjoy most of the rights U.S. citizens do, except voting.

Types of Immigrant Visas

Immigrant visas are usually given for reasons like work, family, or humanitarian protection. Each type of immigrant visa has its own rules, and you must qualify based on those requirements. Let’s take a closer look at each one.

1. Employment-Based Immigrant Visas (EB Visas)

EB visas are for individuals who have job skills needed in the U.S. economy. They typically require sponsorship from a U.S. employer and may involve a labor certification process.

• EB-1 Visa: For individuals with extraordinary ability in fields like science, arts, education, business, or athletics. Also, the EB-1 visa is available to outstanding professors, researchers, and multinational executives.
• EB-2 Visa: For professionals with advanced degrees or exceptional ability. A job offer and labor certification are usually required unless applying for a National Interest Waiver.
• EB-3 Visa: For skilled workers, professionals, and other labor positions. Requires a full-time job offer and labor market testing.
• EB-5 Visa: For investors who invest a qualifying amount in a U.S. business that creates at least 10 full-time jobs. This is a direct path to a Green Card through economic contribution.

2. Family-Based Immigrant Visas

Family-based immigrant visas allow U.S. citizens and lawful permanent residents to bring close family members to live in the United States permanently. There are two main categories of family-based visas:

• Immediate relative visas: Reserved for the closest family members of U.S. citizens, including their spouses, unmarried children under the age of 21, and parents. These visas are not subject to annual limits and are typically processed faster.
• Family preference visas: Designed for more extended family relationships, such as adult children (married or unmarried) and siblings of U.S. citizens. This category also includes the spouses and unmarried children of lawful permanent residents. Unlike immediate relative visas, these are subject to yearly caps, which can lead to longer waiting times.

3. Diversity Visa (DV) Lottery

The Diversity Visa Lottery, also known as the Green Card Lottery, gives people from countries with low immigration rates a chance to live in the United States. Each year, the U.S. government selects about 55,000 people randomly from eligible countries.

To qualify, you must be from an eligible country and have at least a high school education or two years of work experience in a qualifying job. If chosen, you and your eligible family members can apply for a Green Card. The DV Lottery is free to enter, but it is important to follow instructions carefully and avoid scams.

4. Refugee or Asylee Status

These humanitarian visa options are for people fleeing persecution or danger in their home countries. The U.S. grants refugee or asylee status based on fear of persecution related to race, religion, nationality, political opinion, or group membership.

• Refugees apply from outside the U.S. and must be approved before entering.
• Asylees apply from within the U.S. or at a port of entry.

After one year in the U.S., both groups become eligible to apply for a Green Card.

What Is a Non-Immigrant Visa?

A non-immigrant visa is a temporary U.S. visa that allows foreign nationals to enter the country for a limited time and for a specific purpose, such as tourism, business, study, or short-term employment. Unlike immigrant visas, non-immigrant visas do not lead to permanent residency or a Green Card.

To qualify, applicants typically must prove that they intend to return to their home country after their visit. These visas have fixed durations and conditions, and violating them can result in visa revocation or future entry bans.

Types of Common Non-Immigrant Visas

The U.S. offers a wide range of non-immigrant visas, each designed for different activities. Below are some of the most common categories.

1. Visitor Visas (B-1/B-2)

Visitor visas are among the most commonly issued non-immigrant U.S. visas. Whether you’re attending business meetings or simply sightseeing, the B-1 and B-2 visa categories allow foreign nationals to enter the United States for short-term purposes without seeking employment.

• B-1 Visa: For business-related travel, such as attending meetings, conferences, or contract negotiations. Employment or payment in the U.S. is not allowed.
• B-2 Visa: For tourism, visiting family, or receiving medical treatment. This visa also prohibits employment and typically allows stays of up to six months.

2. Student Visas

The two main types of student visas that allow foreign students to study in the U.S. include the F-1 and M-1 visas. The F-1 visa is for academic students. It covers programs at colleges, universities, high schools, language schools, and other academic institutions. The M-1 visa is for vocational or technical programs, such as culinary schools or mechanical training.

3. Exchange Visitor Visas (J-1)

The J-1 visa is for people taking part in approved exchange programs. These programs help promote cultural and educational exchange between countries. You may qualify for a J-1 visa if you are a student in a short-term exchange program, a research scholar, or a medical trainee. Some J-1 visa holders must spend two years outside the U.S. before applying for certain other visas, especially if they received government funding.

4. Temporary Work Visas

The U.S. offers several types of temporary work visas for foreign professionals and company transfers. These non-immigrant employment visas, including the H-1B and L-1 visas, are employer-sponsored and allow skilled workers to contribute to the U.S. labor market for a set period.

• H-1B Visa: For skilled professionals in specialty occupations
• L-1 Visa: For employees of international companies transferring to a U.S. office. Includes:
  • L-1A: For executives and managers
  • L-1B: For employees with specialized knowledge

Both visas allow dependent family members to accompany the visa holder, with spouses often eligible for work authorization with certain limitations.

5. E-2 Visa

The E-2 visa is for nationals of treaty countries who invest a substantial amount of capital in a U.S. business. It does not lead to a Green Card, and only nationals of certain countries with a treaty with the U.S. can benefit from this visa option.

Immigrant vs. Non-Immigrant Visa: Key Differences Compared

When comparing immigrant and non-immigrant U.S. visas, the primary difference lies in the intended duration and purpose of your stay. Here’s a quick breakdown of how the two categories compare:

Feature	Immigrant Visa	Non-Immigrant Visa
Duration of Stay	Permanent	Temporary
Leads to Green Card?	Yes	No
Requires Immigrant Intent?	Yes	No (must prove temporary intent)
Examples	EB-5, EB-2, EB-1	B-1/B-2, F-1, H-1B, E-2
Eligible to Work in U.S.?	Yes	Varies by visa type

Understanding which visa best fits your goals, whether it’s a brief visit or long-term relocation, will help you avoid costly mistakes and immigration delays.

Can You Change a Non-Immigrant Visa to an Immigrant Visa?

Yes, it is possible to change from a non-immigrant visa to an immigrant visa, but only under specific conditions. This process is known as adjustment of status if you’re already in the U.S.

For example, someone on a student visa (F-1) who later secures a qualifying job offer might become eligible for an employment-based immigrant visa like the EB-2 or EB-3. Similarly, a person visiting the U.S. on a B-2 tourist visa who marries a U.S. citizen may apply for a family-based Green Card.

However, many non-immigrant visas require applicants to demonstrate non-immigrant intent, which is a promise to return home after their temporary stay. If immigration officers believe your original intent was to immigrate all along, your adjustment could be denied and may affect your ability to reenter the U.S.

To avoid these risks, it’s important to consult an immigration attorney who can assess your specific visa history, intentions, and eligibility before beginning the adjustment process.

How EB5AN Can Help You Become a U.S. Permanent Resident

Choosing the right visa is just the first step. Navigating the U.S. immigration system takes strategy, preparation, and trusted guidance. If your long-term goal is to live in the United States, the EB-5 immigrant investor visa may offer one of the most direct and rewarding paths to permanent residency.

At EB5AN, we specialize in helping foreign investors secure Green Cards through the EB-5 program. Our team has assisted over 2,700 families from more than 70 countries in achieving permanent residency in the U.S.

Whether you’re exploring immigrant visa options for the first time or looking for a smoother path to U.S. residency, EB5AN is here to guide you every step of the way. Book a free consultation today.