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Immigration law

Visa eligibility screener

The US immigration system has dozens of visa categories, and picking the wrong one wastes months and thousands in filing fees. This screener walks through your job offer, family ties, education, and background to point you toward the visa pathways that actually fit your situation.

Takes 3 minutes Free - no signup Last updated:
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Legal information only. Visa eligibility depends on detailed facts, current USCIS policy, and country-specific rules. This screener identifies likely pathways only. An immigration attorney confirms eligibility and handles filing. See our full disclaimer.

Visa pathway screener

Your likely visa pathways

Get a free visa pathway consultation

Picking the right visa category the first time saves months of delay. An immigration attorney reviews your specific situation and confirms the strongest path at no cost.

Confidential. Attorney-client privilege applies from first contact.

How do I know which visa category fits my situation?

US visas fall into 2 broad buckets: immigrant visas, which lead to permanent residency (a green card), and nonimmigrant visas, which are temporary and tied to a specific purpose like work, study, or a job transfer. The category you qualify for depends on what's driving your move - a job offer, a family relationship, a degree program, or an investment. Picking the wrong category at the start is one of the most common and costly immigration mistakes, since switching status mid-process can mean starting over.

If your pathway runs through a job offer, the specific visa depends heavily on the role and your background - a EB-1, EB-2, or EB-3 employment-based green card works differently than a temporary work visa, and an intracompany transfer uses an entirely separate L-1 visa pathway. Extraordinary ability in a field can also open up a faster track worth checking before assuming the standard route is your only option.

Family-based versus employment-based pathways

Family-based immigration uses a relationship to a US citizen or permanent resident as the basis for a green card. Immediate relatives of US citizens, meaning spouses, unmarried children under 21, and parents, have no annual numerical cap and move fastest. Other family categories, like siblings of citizens or adult children, fall under capped preference categories with multi-year waits depending on the country of origin. Employment-based pathways instead require either a job offer with labor certification or, for higher categories, extraordinary ability or an advanced degree with national interest.

Temporary work visas versus permanent residency

Most people entering the workforce in the US start with a temporary, nonimmigrant work visa rather than going straight for a green card. These visas tie status to a specific employer and role, and many require the employer to sponsor a specific work visa category matching the job. A temporary visa can sometimes lead to permanent residency later through employer sponsorship, but the two processes are legally distinct and require separate applications.

What disqualifies someone from most visa categories?

Certain criminal convictions, prior immigration violations like unlawful presence or visa overstays, health-related grounds, and security concerns can make someone inadmissible regardless of which visa category they'd otherwise qualify for. Some grounds of inadmissibility have waivers available, others don't. Anyone with a prior visa denial, deportation order, or criminal record should get an attorney review before filing a new application, since a second denial on the same grounds is much harder to overcome.

Frequently asked questions about visa eligibility

Yes, in many cases you can pursue multiple pathways simultaneously, such as a temporary work visa application while a family-based green card petition is pending. This is sometimes called "dual intent" and certain visa categories, like H-1B, explicitly allow it. Other categories require you to demonstrate you intend to return home, which can conflict with a simultaneous green card application. An attorney can confirm whether your specific combination of pathways is compatible.
A prior denial doesn't automatically bar future applications, but it does require addressing the original reason for denial directly in any new filing. Reapplying with the same weaknesses typically results in another denial. If the denial involved a finding of misrepresentation or fraud, that can trigger a more serious inadmissibility ground requiring a waiver. Reviewing the denial notice with an attorney before refiling is strongly recommended.
Timelines vary enormously by category. Some nonimmigrant work visas process in months. Family-based and employment-based green cards can take anywhere from under a year to well over a decade depending on the preference category and country of origin, due to annual numerical caps. Checking current processing times and visa bulletin priority dates for your specific category is essential before making plans around an expected timeline.
A visa is a travel document, usually a stamp in a passport, that allows entry to the US for a specific purpose and period. A green card establishes lawful permanent resident status, allowing indefinite living and working in the US with a path to citizenship. Some nonimmigrant visas can lead to a green card later, but holding a visa does not by itself grant permanent residency.
Most work and study visa categories allow a spouse and unmarried children under 21 to apply for a dependent visa to accompany the primary visa holder. Whether dependents can work in the US varies by category - some dependent visas include work authorization, others don't. Family-based green card categories are specifically built around bringing relatives to the US as permanent residents rather than temporary dependents.

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