Is the H-1B a nonimmigrant or immigrant visa?

The H-1B is, first and foremost, a nonimmigrant visa: it allows foreign professionals to work temporarily in the United States in specialty occupations. On its own, it is not an immigrant visa.

What makes it distinctive is the concept of dual intent. Unlike most temporary visas, the H-1B legally permits its holder to express an intention to pursue permanent residence (green card) in the future without jeopardizing their current nonimmigrant status.

• As a visa, it is temporary and tied to a specialized employment position.
• Through dual intent, it simultaneously accommodates plans for permanent residence.
• The green card is a separate process with its own requirements and steps, independent of the H-1B.

In practice, this means holding an H-1B does not force you to choose between staying temporarily and pursuing a green card. Since each path has its own rules, confirm the current requirements with USCIS or an immigration professional before starting a permanent residence process.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.