1. Immigrant Vs. Nonimmigrant: the First Fork in the Road
Immigration visas are creatures of federal law, not New York law, so the same categories apply whether you file in Manhattan or anywhere else. The Immigration and Nationality Act sorts nearly every visa into one of two purposes. An immigrant visa lets you enter the United States and take up lawful permanent resident status, the standing that a green card documents. A nonimmigrant visa authorizes a temporary stay for a defined activity, such as work, study, or business, and expects you to depart when that purpose ends.
Congress lists the nonimmigrant categories in INA § 101(a)(15), and each letter marks a different one. This single distinction drives much of what follows. It decides whether an annual numerical cap applies, whether you can bring dependents, and whether the path can later lead to permanent residence. Naming your goal first narrows the field quickly.
2. Employment-Based Visa Paths
Work-related options split along the same temporary-versus-permanent line. Some let you work for a set period, while others place you on a track to permanent residence through employment-based immigration.
Temporary Work Visas
Nonimmigrant work visas suit people with a job offer, an internal transfer, or a specific talent. The most common categories fit different profiles:
| Visa | Who It Fits | Key Feature |
|---|---|---|
| H-1B | Specialty occupations needing a degree | Employer sponsorship and an annual cap |
| L-1 | Employees transferring within a company | Requires a qualifying overseas affiliate |
| O-1 | People with extraordinary ability | Documented national or international acclaim |
Employment Green Cards
Permanent work-based residence runs through five preference categories, EB-1 through EB-5, under INA § 203(b). They span priority workers, advanced-degree professionals, skilled workers, and immigrant investors. Whether you need a labor certification, known as PERM, depends on the category. EB-2 and EB-3 cases generally require it to confirm that no qualified U.S. .orker is available, while EB-1 priority workers and the EB-2 national interest waiver do not, and EB-5 rests on investment rather than a labor test. Employers in New York often sponsor workers through these categories.
3. Family-Based and Marriage Visas
Family ties open one of the largest immigration paths. The rules turn on how close the relationship is to a U.S. .itizen or permanent resident.
Immediate relatives of U.S. .itizens, meaning spouses, parents, and unmarried children under 21, face no annual cap under INA § 201(b). Other relationships fall into the family preference categories of INA § 203(a), which carry numerical limits and often long waits. A spouse abroad, or an engaged partner who enters on a fiancé visa and then adjusts status, both move through family-based immigration. The relationship type, more than anything else, sets the timeline.
4. Humanitarian and Diversity Visas
Not every path depends on a job or a relative. People already in the United States who fear persecution may apply for asylum under INA § 208, generally within one year of arrival. Those seeking safety from abroad may qualify for refugee status under INA § 207. Separately, the Diversity Visa lottery under INA § 203(c) authorizes up to 55,000 visas each year, a figure other statutes reduce, and selects applicants at random from eligible countries.
5. Student and Business Visitor Visas
Not every temporary stay in the United States centers on employment. Federal immigration law provides separate nonimmigrant categories for people who come to study, participate in exchange programs, attend business activities, or invest in a qualifying enterprise. Choosing the correct category depends on the primary purpose of your visit, because each visa carries different eligibility requirements, permitted activities, and length of stay.
Academic and Exchange Visas
Study and cultural exchange each have a dedicated category. An F-1 visa covers full-time academic study at a school approved for international students, while the J-1 category serves exchange visitors such as scholars, researchers, and trainees. Both generally expect you to show that you plan to return home after your program ends.
Business and Investor Visas
Short business trips and active investment follow separate tracks. A B-1 visa allows meetings, negotiations, and conferences, but not employment for a U.S. .ompany. Entrepreneurs from treaty countries may instead invest through an E-2 treaty investor visa, which ties the stay to an active, at-risk business they direct.
6. Matching Your Situation to the Right Visa
The right category rarely comes down to a single factor. It usually reflects your purpose, your family or employer ties, your timeline, and your long-term goal of staying or returning home. A few missteps recur across cases:
- Showing permanent intent on a visa that requires temporary intent, such as a visitor or student visa, which can raise questions at the interview.
- Underestimating waits tied to annual caps, which can stall a family or employment plan for years.
- Assuming every employment green card needs PERM, which can misjudge both the steps and the timeline.
Some categories, including H-1B and L-1, allow dual intent, so pursuing a green card does not by itself jeopardize the temporary status. Comparing categories early, and testing your eligibility against the specific rules of each one, prevents most of these problems. When the choice is close, our firm helps New York clients weigh the trade-offs before they commit to a path.
7. Frequently Asked Questions
Does having a US visa guarantee entry into the United States?
No. A visa lets you travel to a U.S. .ort of entry and request admission, but a Customs and Border Protection officer makes the final decision on whether you may enter and for how long. The officer can ask about your purpose and deny entry even with a valid visa. Carry documents that support the reason for your visit, such as an admission letter, employer details, or return travel plans.
Can I move from a temporary visa to a green card without leaving the United States?
Often yes, through a process called adjustment of status under INA § 245, if you have an approved basis such as a family or employment petition and remain eligible. Your visa type matters here, since categories that allow dual intent make the switch smoother than those that require temporary intent. When adjustment is not available, many applicants complete the final step through consular processing abroad instead.
8. Compare Your Visa Options with Our Firm
The clearest first step is matching your goal to the category built for it. Our firm works with individuals, families, and employers across New York to compare visa categories side by side, confirm eligibility against each one, and build a filing strategy that fits your timeline. Reach out to review your situation, and see how the pieces connect within U.S. immigration law.
04 Nov, 2025
