What is the difference between an Immigrant Visa and a Nonimmigrant Visa?

An immigrant visa is issued to a foreign national intending to live and work permanently in the United States.

A nonimmigrant visa is issued to a foreign national intending to enter the United States on a temporary basis, including for tourism, business, medical treatment, and even certain types of temporary work.

What are the different types of Nonimmigrant Visas?

Section 101(a)(15) of the Immigration and Nationality Act lists out the official nonimmigrant classes. These include: (1) Temporary workers in specialty occupations [H1B Visas]; (2) Agricultural workers [H2A Visas]; (3) Internationally recognized athletes or entertainers [P1 Visas]; (4) Workers in international cultural exchange programs [Q1 Visas but also affectionately called the “Disney” Visa]; (5) Religious workers [R1 Visas]; (6) Academic students [F1 Visas]; (7) Exchange visitors [J1 Visas]; (8) Tourist visas [B2 Visas]; (9) Fiancees [K-1 Visas]; (10) Victims of human trafficking [T Visas]; (11) Victims of qualified crimes [U Visas]; and others.

What is a “green card”?

“Green card” is the slang term for documentation that shows lawful permanent residency in the United States. A green card may be used as proof the green card holder is authorized to live and work in the United States.

What is the difference between legal permanent residency and citizenship?

While legal permanent residents (LPRs) have many benefits they share with citizens, there are certain benefits that they are not afforded, including the right to vote and are unable to apply for a U.S. Passport. Additionally, green cards must be renewed periodically. Further, LPRs do not have as high a priority in sponsoring other family members for green cards as U.S. citizens.

What is the difference between a K-1 (Fiancee) Visa vs. a Spousal Visa?

A K-1 (Fiancee) visa is a non-immigrant visa that may be issued to a foreign fiancee to a U.S. citizen. Although not technically an immigrant visa, the K-1 visa allows the foreign fiancee to enter the U.S. for the purpose of getting married to the petitioning U.S. citizen. Once married, the couple may apply for legal permanent residency for the foreign fiancee (now spouse), which can later then lead to citizenship.

A CR-1 Spousal Visa is an immigrant visa that may be issued to the foreign spouse of a U.S. Citizen. The big differences between a K-1 and Spousal Visa is not only the location of the wedding but also the length of time for processing. Prior to COVID, the K-1 visa was moved much faster than the spousal visa. While still a little faster than the spousal visa, the general processing times between the two are now not as different. Further, under the Spousal Visa, the foreign spouse will already be afforded legal permanent residency.