Clear differences between U.S. work visas and green cards, with typical timelines, steps, and pitfalls to avoid. A plain-English guide.
A practical guide to the difference between U.S. work visas and green cards—how they work, who qualifies, and common mistakes to avoid.
At a Glance (TL;DR)
- Work visas = temporary, nonimmigrant status that lets you work in the U.S. for a specific employer/role and time period.
- Green cards = permanent residency (immigrant status) that lets you live and work in the U.S. indefinitely and change employers more freely.
- Many people start on a work visa (e.g., H-1B, L-1, O-1) and later transition to a green card (e.g., EB-1/EB-2/EB-3).
⚠️ This article is for general information only and isn’t legal advice.
What Is a U.S. Work Visa?
A work visa grants temporary authorization to work in the U.S. for a sponsoring employer. It’s tied to a position and usually has time limits and conditions.
Common categories (examples):
- H-1B (Specialty Occupation): For roles requiring specialized knowledge and at least a bachelor’s degree (or equivalent). Annual caps/lottery typically apply.
- L-1 (Intra-company Transfer): For managers, executives (L-1A) or specialized knowledge workers (L-1B) moving within the same multinational company.
- O-1 (Extraordinary Ability): For individuals with sustained national/international acclaim in fields like science, business, arts, or athletics.
- TN (for Canadians/Mexicans), E-1/E-2 (treaty traders/investors) and others also exist.
Key traits:
- Employer-tied: Changing employers often means filing a new petition.
- Duration: Typically 1–3 years per approval with possible extensions (varies by category).
- Dependents: Spouses/children may get dependent status; work authorization for spouses varies by category.
What Is a Green Card?
A green card grants lawful permanent residency. You can live and work indefinitely, change employers more freely, and travel more flexibly (subject to residency rules).
Employment-based categories (examples):
- EB-1: Priority workers (e.g., extraordinary ability, outstanding professors/researchers, certain multinational managers).
- EB-2: Advanced degree or exceptional ability. Often requires PERM labor certification unless a national interest waiver applies.
- EB-3: Professionals, skilled workers, and other workers. Typically requires PERM.
Key traits:
- Permanent (subject to maintaining residency and admissibility).
- Leads to eligibility for U.S. citizenship after meeting residency and other requirements.
Work Visa vs. Green Card: The Big Differences
| Dimension | Work Visa (Nonimmigrant) | Green Card (Immigrant) |
|---|---|---|
| Purpose | Temporary work authorization | Permanent residency |
| Employer Tie | Usually tied to 1 employer/role | Freedom to change employers (with exceptions early in process) |
| Duration | Limited (renewals/extensions possible) | Indefinite (subject to rules) |
| Job Flexibility | Limited; new filings to switch | Greater flexibility after approval |
| Dependents | Varies by category; spouse work rights vary | Spouse can generally work with own authorization |
| Travel | Allowed with valid visa/status | Allowed; maintain residency, reentry rules apply |
| Path to Citizenship | Indirect (must adjust to green card first) | Direct path after residency requirements |
Typical Pathways (High-Level)
- Start on a Work Visa
Example: H-1B/L-1/O-1 to work for a U.S. employer. - Employer Initiates Green Card
- PERM (labor certification) when required (EB-2/EB-3).
- I-140 petition (employment-based immigrant petition).
- Final Step (Adjustment or Consular Processing)
- If a visa number is available, file I-485 (adjustment of status) in the U.S., or attend an interview at a U.S. consulate abroad.
Timelines vary by category, country of chargeability, and visa number availability.
Choosing the Right Route
- You need to start work quickly → A work visa is usually faster initially.
- You want long-term stability and flexibility → A green card is the goal, often pursued after or alongside a work visa.
- You have extraordinary qualifications → Consider O-1 (work visa) or EB-1 (green card).
- You’re transferring within a multinational → L-1 can be efficient; some L-1A managers qualify for EB-1C.
Common Pitfalls to Avoid
- Relying on titles over duties: For eligibility (H-1B/O-1/EB), job duties and evidence matter more than job titles.
- Missing deadlines: Visa expirations, extension windows, or PERM timelines can derail plans.
- Weak documentation: For O-1/EB-1/NIW, evidence quality (awards, publications, letters, impact) is critical.
- Assuming one filing covers family: Spouses/children usually need separate dependent filings.
- Ignoring travel rules: International trips during certain filings can cause problems without the right travel documents.
Quick FAQs
Q1. Can I switch from a work visa to a green card?
Yes. Many workers adjust status from H-1B/L-1/O-1 to an employment-based green card (EB-1/EB-2/EB-3), depending on eligibility and visa availability.
Q2. Do I need PERM for every employment-based green card?
No. EB-1 categories and certain NIW cases can bypass PERM. EB-2/EB-3 commonly require PERM.
Q3. Can my spouse work while I’m on a work visa?
Depends on the visa. For example, some H-4 and L-2 spouses may work (subject to rules). Always confirm the specific category requirements.
Q4. Is a green card the same as citizenship?
No. A green card grants permanent residency. Citizenship requires a separate process after residency and other criteria are met.
Q5. How long does a green card take compared with a work visa?
Work visas can be faster initially. Green card timelines vary widely by category and country, ranging from months to several years.
