The immigration attorneys here at Graham Adair answer all sorts of questions. One of the more common questions we hear is, “What is the difference between a work visa and a green card?” Perhaps you have wondered yourself.
Both work visas and green cards offer a pathway to United States residency. But that is about their only similarity from a legal standpoint. They differ in just about every other way. Note that someone with a work visa can ultimately go on to get a green card. It is probably a safe bet that some foreign-born workers hoping to get green cards start with work visas just to get a foot in the door.
A Pathway to Temporary Residency
The biggest difference between a work visa and a green card is the duration of stay. Work visas are intended to provide temporary residency only. For example, the well-known H-1B visa is only good for three years. It can be extended for an additional six years under certain circumstances. But that’s it.
The understanding with a work visa is that the foreign-born worker will not remain in this country permanently. At some point, they will return home. Any family members here with the worker go home as well.
The duration of a visa holder’s stay depends on the type of visa they possess. Some visas have a duration of just a few months. Others, like the H-1B, are good for years. It is also important to point out that getting a work visa does not guarantee a foreign-born worker will be able to obtain a green card. There is no automatic jump from one to the other.
A Pathway to Permanent Residency
The green card is altogether a completely different thing. It represents a pathway to permanent residency for foreign nationals looking to move here but not become United States citizens. A green card is a permanent residency card. However, only the intent is permanent. The card itself is not.
A green card has a duration of 10 years, and it needs to be renewed prior to expiration. Otherwise, the individual must leave the country and then apply for a new green card. Permanent residency granted with a green card does not expire any earlier than the card’s expiration date, unless the individual does something like abandoning the United States or commit a crime while living here.
Card holders enjoy the benefit of being able to work anywhere in the United States. They can also freely travel in and out of the country almost as easily as citizens. Those with green cards can petition to have their family members join them as well.
The Rules Are Very Strict
This post began by stating that the only thing work visas and green cards have in common is that they represent pathways to live and work in the United States. That is not quite true. They do have one other thing in common: the rules governing them are very strict.
Applying for either a work visa or green card involves a considerable amount of paperwork that can be very complicated. But paperwork needs to be filled out correctly and submitted to the right agency. There are also certain deadlines to be met. It is a tough system to navigate if you don’t know what you’re doing.
Fortunately, immigration is our specialty here at Graham Adair. We focus mainly on business immigration and work visas. If you need legal assistance, and we advise that you avail yourself of it, please do not hesitate to contact us.