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The United States remains a central destination in global mobility decisions, and the volume of inaccurate information about the American visa system grows in equal measure. Career, investment, and family decisions depend on a technical reading of immigration rules, and each misinterpretation can cost years of waiting or permanent loss of eligibility. Below, we clarify seven of the most persistent myths about visas and green cards, in light of the current rules from USCIS, the Department of State, and Customs and Border Protection in 2026.
Entering as a Tourist and Converting the Visa
Myth. The B-1/B-2 visa is nonimmigrant and requires genuine intent for a temporary visit. Adjustment of status through Form I-485 or a change of status to H-1B, L-1, F-1, or another work category within the United States is legally possible, but is subject to scrutiny under the Department of State’s ninety-day rule.
According to the Foreign Affairs Manual, if a B-1/B-2 holder engages in conduct inconsistent with the nonimmigrant category — enrolling in a long-term course, marrying a U.S. citizen, accepting paid employment, or petitioning for adjustment of status — within the first ninety days after admission, bad faith at entry is presumed. The consequence may include denial of adjustment, visa revocation, and in serious cases, a finding of fraud resulting in a permanent bar under INA 212(a)(6)(C)(i).
EB-2 NIW Requires a Job Offer
Myth. The EB-2 National Interest Waiver is precisely the category that waives the job offer and PERM labor certification requirements. The applicant petitions on their own behalf, demonstrating under the test established in Matter of Dhanasar three pillars: that the proposed endeavor has substantial merit and national importance, that the foreign national is well-positioned to advance it, and that on balance it would be beneficial to the United States to waive the job offer requirement.
This framework attracts researchers, founders, advanced STEM professionals, and specialists with publications, patents, or recognized contributions. The absence of a petitioning employer is the defining feature of the NIW and what makes it an independent path to permanent residence.
Marriage to a U.S. Citizen Guarantees an Immediate Green Card
Myth. Marriage to a U.S. citizen places the spouse in the immediate relative category, with an open priority queue — no waiting on the visa bulletin. However, the process still requires an I-130 petition from the citizen petitioner, documentary proof of the relationship, an in-person interview, and a review of inadmissibilities under INA 212.
If the marriage is less than two years old at the time of approval, the spouse receives conditional residence for two years. Before expiration, the couple must jointly petition Form I-751 to remove the conditions and obtain full permanent residence. Fraudulent marriages detected by USCIS trigger a permanent bar under INA 204(c).
Student and Exchange Visas Require Social Media Access
True. In June 2025, the Department of State resumed scheduling interviews for F-1, M-1, and J-1 visas with new digital transparency requirements. Applicants were instructed to make their profiles on Facebook, Instagram, X, and LinkedIn public during the application process, under the stated rationale of risk review.
Refusing to adjust privacy settings may result in denial for failure to establish eligibility. This measure adds to the pre-existing requirement, in effect since 2019, to list social media identifiers on Form DS-160. Posts deemed hostile to the United States may support a denial under INA 214(b) or material inadmissibility.
Working Without Authorization Is Safe If No One Finds Out
Myth. Unauthorized work is a direct violation of the INA, creates a bar to adjustment of status under INA 245(c), and may trigger inadmissibility for unlawful presence under INA 212(a)(9)(B). Under the current regulatory environment — with increased ICE Form I-9 inspections and cross-referencing of data between the IRS and USCIS — the likelihood of detection in a future immigration application is high.
Employers who hire unauthorized workers face civil fines and criminal liability under 8 USC 1324a. Legal pathways include visas such as H-1B, L-1, O-1, TN for Canadian and Mexican citizens under the USMCA, and EB-3 for qualified workers with an approved PERM.
Certain Professions Speed Up the Green Card
True. The American system prioritizes professional categories considered strategic. The EB-1A rewards extraordinary ability in science, arts, education, business, or athletics; the EB-1B recognizes outstanding researchers and professors; the EB-2 NIW opens a path for areas of national interest, with favorable treatment for STEM, public health, national security, and energy.
Schedule A from the Department of Labor waives PERM for registered nurses and physical therapists, with the possibility of expansion to other shortage occupations. Professions in critical demand — such as medicine in underserved areas (HPSA), advanced engineering, and artificial intelligence research — often find a faster route through the NIW than through standard EB-3.
A Green Card Can Be Lost by Living Outside the U.S.
True. Permanent residence requires that the United States remain the primary domicile. Absences exceeding 180 days trigger review by CBP upon reentry; absences exceeding one year without a reentry permit issued through Form I-131 raise a presumption of abandonment of residence.
Even within these timeframes, CBP may question the resident’s actual ties: employment connections, a fixed residence, a tax return filed as a fiscal resident, bank accounts, and family members in the country all weigh in the assessment. The reentry permit, valid for up to two years, allows for longer absences without a presumed break, but does not eliminate the requirement to maintain substantive ties to the country.
How to Navigate the System Without Falling for Myths
Each visa category has its own legal test, specific documentary evidence requirements, and procedural windows that leave no room for improvisation. Before planning a change of status, an extended trip, or a family petition, it is worth consulting the official USCIS instructions and the Foreign Affairs Manual directly. International mobility is a technical matter: reading the rules carefully is the best way to avoid delays, setbacks, and permanent consequences.
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.
