For many people, setting foot in the United States on a temporary visa is the first step toward permanent residency. While temporary visas allow you to live, work, and study in the U.S. for a certain time period, getting a green card is the key to staying forever. It can be complex to transition from temporary visa to a green card, but it’s totally possible with the right information and careful planning.

This guide covers temporary visas that can help you become a permanent resident and offers a few tips for navigating the green card process.

Key Takeaways:

• A few temporary visas can lead to being a permanent resident.
• You can change your temporary visa to a green card through a sponsoring family member, an employer, or a diverse visa lottery.
• Temporary visas only allow you to work, study, and live in the United States for a short time, while a green card lets you build your life in the country until you grow old.

Temporary Visas That Lead to Permanent Residency

Many temporary visas can allow you to work and live in the U.S., but not all of them lead to green cards. Your Green Card Lawyer may suggest a few ones depending on your purpose in the U.S.

These are the most common visa types that the United States Citizenship and Immigration Services releases for permanent residence:

H-1B Visa (Specialty Occupation)

This nonimmigrant visa is a popular temporary work visa for professionals in healthcare, engineering, technology, and other specialty fields. It’s valid for up to six years—initially three years and can be extended. It has a “dual intent,” which means green card holders can get a green card without risking their visa status.

L-1 Visa (Intracompany Transferee)

If your company transfers you to its U.S. office in a specialized knowledge or managerial role, this kind of visa is for you. Like H-1B, it’s a dual-intent visa, allowing you to become a green card holder.

F-1 Visa (Student Visa)

International students who are in the U.S. for academic studies have this visa. While the F-1 may not get you a green card, it’s a stepping stone to transition to an H-1B or another working visa after your studies, which can pave the way to becoming a lawful permanent resident.

K-1 Visa (Fiancé Visa)

Foreign nationals engaged with U.S. citizens hold this visa. It lets you come to the U.S. and marry your fiancé(e) within 90 days. After marriage, you can start the green card application process.

O-1 Visa (Individuals with Extraordinary Ability)

This visa is given to people who show remarkable ability in the arts, education, sciences, athletics, or business. With it, you can also apply for a green card.

E-2 Visa (Investor Visa)

This is for entrepreneurs and investors from countries with which the U.S. has a treaty. If you have it, you can apply for adjustment of status if you qualify for specific employment-based categories, such as the EB-5 or Immigrant Investor Program.

Pathways to Permanent Residency

After learning which visa you should apply for based on your situation, the next thing you should know is the possible pathways to permanent resident status. Here are your options:

Family-Based Green Card

This is a common way to transition from a temporary visa to permanent residency. These are some of the rules you must remember:

• Immediate relatives of U.S. citizens, such as parents, spouses, and unmarried children under 21, can apply for a green card. You may not need to wait long after applying.
• Siblings or married children of U.S. citizens can apply but may wait longer due to visa quotas or annual limits to the number of applications.
• The transition process is possible by filling out and submitting Form I-485 or the Application to Register Permanent Residence or Adjust Status, marriage proof (for marriage-based applications), and other supporting documentation.

Employment-Based Green Card

H-1B, L-1, and O-1 holders can apply for employment-based green cards. Take a look at these employment-based immigrant visa preference categories:

• EB-1 (Priority Workers): This is for people with amazing skills, such as researchers, professors, and multinational managers and executives. EB-1 applicants often bypass the labor certification process, making getting a green card fast and easy.
• EB-2 (Advanced Degree or Exceptional Ability): These are for exceptional professionals with advanced arts, sciences, or business degrees. If you have a master’s or a higher degree and are an H-1B visa holder, you may qualify for the EB-2 category.
• EB-3 (Skilled Workers and Professionals): This is for skilled workers with at least two years of experience, unskilled workers needing less than two years of experience, and professionals with a bachelor’s degree. Waiting times can be longer for these categories due to higher demand.
• EB-4 (Special Immigrants): This category is for religious workers and some government employees.
• EB-5 (Immigrant Investor Program): This is for investors who make a substantial financial investment in a new commercial enterprise that generates jobs for U.S. workers.

Diversity Visa/Green Card Lottery

This offers another option for temporary visa holders to become permanent residents. The U.S. government grants up to 55,000 green cards to people from countries where only a few people migrate to the U.S. If you meet the requirements, you get a chance to win this random lottery and become a permanent resident.

Steps to Transition to a Green Card

This is the process of applying for a temporary visa to permanent residency:

Petition for a Green Card

A family member or employer will file Form I-130 (Petition for Alien Relative) for family-based applications and Form I-140, or the Immigrant Petition for Alien Worker, for employment-based ones, respectively. If you’re an EB-1 applicant, you may be able to apply yourself.

Labor Certification (if applicable)

Your U.S. employer must get a labor certification from the Department of Labor. This verifies that no qualified U.S. workers can fill the position, and hiring a foreign worker won’t affect U.S. wages or working conditions.

Submit Form I-485 or Consular Processing

If you’re outside the U.S., you can apply for consular processing at a U.S. embassy once the petition is approved and a visa in your category becomes available. If you’re in the U.S., submit Form I-485. 

Attend the Green Card Interview

You’ll need to attend an interview with a USCIS officer for your application. They will ask about your background, relationship with the petitioner (if applicable), and intentions in the U.S.

Receive Your Green Card

Once your application is approved, you’ll receive your green card by mail. This will serve as your proof of lawful permanent residency.

Apply for a Green Card Today

Living permanently in the United States requires transitioning from a temporary visa to a green card. However you may want to apply, you need to carefully plan and know more about the process for a seamless application. Understand your available choices and follow the right procedures to become a permanent resident.