US Visas: 7 Myths and Truths That Define Who Immigrates Legally

The internet is saturated with poor immigration information. Posts that confuse visa categories, federal agencies, or oversimplify complex rules lead people to make decisions that stall their processes for years. What follows dismantles seven recurring beliefs about immigration to the United States, anchoring each answer in verifiable regulatory grounds.

1. Entering on a B1/B2 Visa Makes Getting a Green Card Easier

Myth. The B1/B2 visa is, by legal definition, nonimmigrant. The State Department’s Foreign Affairs Manual and the USCIS Policy Manual presume intent to return to the home country as a condition for issuance and admission.

The critical point is the so-called 90-day rule, set forth in Volume 7, Part B, Chapter 2 of the USCIS Policy Manual. When someone enters as a tourist and, within 90 days of admission, marries a U.S. citizen, applies for adjustment of status, seeks employment, or enrolls in a long-term course, it is presumed that person made a willful misrepresentation as a nonimmigrant upon entry. The presumption is rebuttable, but the burden of proof falls on the petitioner.

Adjustment of status (I-485) from a B1/B2 is technically possible in specific situations (generally, a genuine marriage that occurred after entry, or inheritance of a previously approved EB-1A petition). It is not a fast, cheap, or low-risk path.

2. EB-2 NIW Requires a Job Offer

Myth. The National Interest Waiver, governed by INA §203(b)(2)(B), waives both the job offer and the PERM labor certification. The petitioner self-sponsors via Form I-140.

Since the Matter of Dhanasar decision (AAO, 2016), the test is three-pronged: the proposed endeavor must have substantial merit and national importance; the petitioner must be well-positioned to advance it; and it must benefit the United States to waive the job offer and PERM. Being technically qualified is not enough; you must design a plan with endogenously American scope, measurable impact, and a clear timeline.

3. Marrying a U.S. Citizen Automatically Grants a Green Card

Myth. The process involves Form I-130 (family petition), Form I-485 (adjustment of status, if in the U.S.) or DS-260 (consular processing), an in-person interview, a medical examination (I-693), biometric check, and often a second interview for suspected cases.

When the marriage is less than two years old at the time of approval, the green card is conditional and valid for two years. The couple must jointly file Form I-751 between the 21st and 24th month after issuance, proving continuous good-faith marriage, or risk losing status. Fraudulent marriages fall under INA §204(c), with a lifetime bar on any future immigration petition.

4. F-1, M-1, and J-1 Visas Require Social Media Identifiers

Truth. In June 2025, the State Department announced expanded vetting procedures for student (F, M) and exchange (J) visas. Applicants must provide, on Form DS-160, account identifiers on platforms such as Instagram, X, Facebook, LinkedIn, TikTok, YouTube, and others listed on the form, covering the past five years.

Profiles set to private may be questioned during the consular interview. Refusal to provide identifiers typically results in denial under INA §221(g). This policy is part of a broader enhanced vetting directive in effect in 2026.

5. Working in the U.S. Without the Proper Visa Is Safe If No One Finds Out

Myth. Unauthorized work triggers inadmissibility under INA §245(c)(2) and (8), blocking adjustment of status for most categories and requiring difficult-to-obtain waivers. Employers who hire individuals without authorization face civil penalties and, in cases of systematic patterns, criminal sanctions under INA §274A, with penalties per unauthorized worker employed.

To work legally, there are various routes: H-1B for specialty occupations requiring a bachelor’s degree for the position, L-1A/L-1B for intracompany transfers of managers/executives or specialized knowledge, O-1 for extraordinary ability in sciences, arts, education, business, or athletics, E-2 for investors from treaty countries, TN for Canadian and Mexican professionals under USMCA, EB-3 for skilled and unskilled workers via PERM, and EAD based on a pending I-485 or derivative status.

6. Some Professions Have a Facilitated Path to a Green Card

Truth. U.S. immigration policy prioritizes strategic fields. STEM professionals, healthcare workers, educators, and scientific researchers tend to find stronger arguments for EB-2 NIW (clear national importance in AI, semiconductors, biotechnology, clean energy, cybersecurity) and better positioning for EB-1A when there is a research track record.

Physicians may use specific pathways: the Conrad 30 J-1 Waiver waives the two-year home residency requirement for those who agree to serve three years in areas designated as Health Professional Shortage Areas. Obstetric and pediatric nurses, physical therapists, and occupational therapists qualify through Schedule A, Group I, bypassing the PERM labor market test.

But relative facilitation is not a guarantee. Each category has its own criteria, and success depends on careful evidentiary documentation, not on nominally belonging to a valued profession.

7. A Green Card Can Be Lost by Living Abroad

Truth. Permanent residency requires maintaining domicile in the United States. Absences exceeding 180 consecutive days trigger secondary inspection upon entry. Absences exceeding one year without a Reentry Permit (I-131) presume abandonment of status, even if the permanent card is physically valid.

The Reentry Permit, requested before departure via Form I-131 with a specific USCIS fee, guarantees a presumption of non-abandonment for up to two years. Successive renewals are permitted but with increasing scrutiny. Abandonment indicators observed by CBP include: absence of federal income tax returns filed as a resident, lack of a stable residential address in the U.S., predominantly foreign economic ties, and short, sporadic stays in United States territory.

Those anticipating a prolonged absence should also evaluate Form N-470, which preserves the residency period count for naturalization purposes in qualifying cases of overseas employment by a U.S. employer or international organization.

Victoria Harper

Editor-in-Chief

Meet the author

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.