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U.S. Visa and Immigration Paths Overview

Nonimmigrant vs. Immigrant Visas, Visiting, Studying, Working, Family, Marriage, Employment and Investment, and What Applicants Born in Mainland China Should Know (October 2026)

Last checked: 2026-10-14 · 16 min read

Contents (10 sections)
1. First, nonimmigrant vs. immigrant visas2. Common paths at a glance3. What applicants born in mainland China should know4. Major 2025–2026 changes at a glance ⚠️5. Interviews: part of almost every path6. What applicants report (individual experiences, not guarantees)7. Common misconceptions8. FAQ9. All guidesOfficial links

Who this is for: Anyone born in mainland China (and their family members) who is just starting to look into going to the United States, whether you are sending your parents to visit, coming to study or work, or planning to get a green card or become a citizen. Use this page to figure out which path you are on and which guide to read next.

This page is the entry point for every guide on this site. Fees, visa bulletin dates and policies follow the official figures checked on 2026-10-14 in each guide. Items marked ⚠️ change quickly, so click through to the guide and the official links before you act. This is not legal advice.

1. First, nonimmigrant vs. immigrant visas

The U.S. Department of State divides visas into two groups: nonimmigrant visas (temporary stays: tourism, business, study, exchange, temporary work) and immigrant visas (moving to the U.S. permanently; you become a permanent resident, that is, you get a green card, when you enter).

Nonimmigrant visa Immigrant visa / green card
Purpose Temporary: visiting, business, study, visiting scholar, temporary work Permanent residence
Common categories B1/B2, F-1, J-1, H-1B, L-1, O-1 Family (IR, F1–F4), employment (EB-1 to EB-5)
Application form DS-160 (the K-1 fiancé(e) visa also uses the DS-160) DS-260 (consular processing) or I-485 (adjustment of status inside the U.S.)
Where to apply One of five posts in mainland China: Beijing, Shanghai, Guangzhou, Shenyang, Wuhan Consular processing only in Guangzhou; people already in the U.S. may adjust status
Immigrant intent Under INA 214(b) you are presumed to intend to immigrate and must show you will leave on time; H-1B and L are exceptions (dual intent allowed) Immigration is the purpose
Length of stay Decided by CBP at entry and shown on your I-94 Permanent; you can apply for citizenship once eligible
Common refusal grounds 214(b), 221(g) 221(g) and the various grounds of inadmissibility

Points people often mix up:

  • A visa is not a length of stay. A visa only lets you ask to enter at the port of entry; how long you may stay is on your I-94 (see Entering the U.S. and the I-94).
  • The K-1 fiancé(e) visa is technically a nonimmigrant visa, but its purpose is immigration, and the State Department lists it with immigrant visas (see K-1 visa).
  • Adjusting to a green card after entering on a nonimmigrant visa is a recognized path, but a USCIS memo dated 2026-05-21 (PM-602-0199) stresses that it is discretionary, and conduct after entry that does not match your stated purpose of entry counts against you (see Green card paths).

2. Common paths at a glance

Flow: Visiting family or touring: B1/B2. Studying: F-1 (visiting scholars: J-1) → OPT → H-1B, L-1, O-1 → employment-based green card (PERM, I-140, NIW, EB-1). With a U.S. relative or spouse: family or marriage immigration (I-130). Investment: EB-5 → green card → after 5 years (3 if married to a citizen) → N-400 naturalization

Path 1: Visiting family or touring (B1/B2)

  1. Fill out the DS-160 online and upload a photo.
  2. Pay the $185 MRV visa fee ⚠️ in the appointment system and book an interview. Since 2025-10-01 almost everyone must interview; only a few cases, such as renewing a B visa within 12 months of expiration, can skip it.
  3. Attend the consular interview with your documents and prepared answers (B1/B2 step by step). If refused, see 214(b); if asked for more documents or put in administrative processing, see 221(g).
  4. Once you have a 10-year visa, make sure your EVUS enrollment is valid before every trip.
  5. CBP decides your length of stay at entry; check your I-94 after you arrive.

Path 2: Study → work → green card → citizenship

Flow: Admitted to a school, receive the I-20 → pay the SEVIS fee, F-1 interview → study in the U.S. and maintain status (CPT internships) → 12 months of OPT after graduation (24 more months for STEM) → H-1B registration lottery in March, start date October 1 if selected → employer files PERM and I-140, or you self-petition through NIW or EB-1A → wait for the mainland China visa bulletin date → file I-485 or interview in Guangzhou when current → green card → file the N-400 starting 90 days before your 5-year mark → interview and oath, become a citizen

Path 3: Family immigration (parents, children, siblings)

Who petitions for whom Category Mainland China-born date (October 2026, Chart A) ⚠️
U.S. citizen age 21+ → parents Immediate relative No wait
U.S. citizen → unmarried children under 21 Immediate relative No wait
U.S. citizen → unmarried children 21+ F1 2020-01-22
Green card holder → spouse, unmarried children under 21 F2A 2026-09-22
Green card holder → unmarried children 21+ F2B 2019-08-22
U.S. citizen → married children F3 2014-10-22
U.S. citizen age 21+ → siblings F4 2011-10-22

Steps:

  1. The U.S. relative files Form I-130 ($675 paper / $625 online) ⚠️.
  2. If the relative is in the U.S. and eligible: file Form I-485 to adjust status, at the same time or once the date is current ($1,440 paper / $1,390 online).
  3. If the relative is in China: after I-130 approval the case goes to the NVC; pay the fees ($325 immigrant visa application fee per person, $120 affidavit of support review fee), file the DS-260, submit the I-864 and Chinese notarial documents, then interview in Guangzhou (consular processing step by step, Guangzhou interview).
  4. After the visa is issued and before entering, pay the $235 USCIS Immigrant Fee; you become a permanent resident on entry.

For details on parents (adjusting in the U.S. or going through Guangzhou, health insurance) see Bringing your parents.

Path 4: Marriage

Flow: Spouse is a U.S. citizen: if you are in the U.S., file I-130 and I-485 together (you can also apply for a work permit and travel permit); if you are in China, I-130 → NVC → Guangzhou interview; not yet married: K-1 → marry within 90 days of entry → I-485. Spouse is a green card holder: I-130, then wait for the F2A date. If you have been married less than 2 years when approved, you get a 2-year conditional green card and file I-751 in the 90 days before it expires to get a 10-year card

Path 5: Employment and investment

Path Key points Mainland China-born date (October 2026, Chart A) ⚠️
EB-1 (extraordinary ability, outstanding professors and researchers, multinational managers) EB-1A can self-petition 2023-07-01
EB-2 (including NIW) NIW can self-petition, no PERM 2021-10-01
EB-3 Employer PERM required 2022-01-08
EB-5 unreserved $1,050,000 investment 2016-12-01
EB-5 rural / high-unemployment / infrastructure set-asides $800,000 investment Current (C)
  1. The employer goes through PERM labor certification (not needed for NIW or EB-1A) and files the I-140 ($715 paper / $665 online, plus the Asylum Program Fee); optional I-907 premium processing $2,965.
  2. Wait for your priority date to become current → I-485 in the U.S. or interview in Guangzhou.
  3. Investors see EB-5: ⚠️ new EB-5 fees take effect 2026-11-30 (the I-526E rises from $3,675 to $7,850), and minimum investment amounts adjust for inflation starting 2027-01-01.
  4. The "Gold Card" (I-140G) is not a new category: visas still come from EB-1/EB-2 numbers, people born in mainland China still wait for the China date, and the program is in litigation (see Green card paths).

After the green card → citizenship

3. What applicants born in mainland China should know

  1. Visa bulletin dates follow place of birth, not nationality. Mainland China is an oversubscribed country, so F4, EB-1, EB-2, EB-3 and unreserved EB-5 are slow. Even if you now hold another country's passport, you are charged to "CHINA-mainland born." If your spouse was born elsewhere, you may sometimes use your spouse's country (see Reading the visa bulletin).
  2. No diversity visa (DV) lottery. The official DV-2026 instructions say people born in mainland China and Hong Kong are not eligible (people born in Macau or Taiwan are). The only exceptions are claiming a spouse's or parent's country of birth. Anyone offering to "enter you" or "guarantee a win" is running a scam (see Green card paths).
  3. Interview in your country of nationality or residence. Since 2025-09-06, nonimmigrant visa applicants should interview in their country of nationality or residence. Applying in a third country such as Japan or Singapore is harder and slower, and fees are not refunded or transferred. Since 2025-11-01, immigrant visa interviews follow your place of residence, which for mainland China means Guangzhou (see Booking a visa interview, Guangzhou interview).
  4. EVUS: If you hold a Chinese passport and a 10-year B1/B2 visa, you need a valid EVUS enrollment before every trip. It is usually valid for 2 years (or until your passport or visa expires, whichever is first). ⚠️ Fee: $30.75 from 2026-01-01 to 2026-10-15 and $31.75 from 2026-10-16; use only evus.gov (see EVUS enrollment).
  5. Communist Party membership: Under the State Department reciprocity schedule, B visas for Chinese Communist Party members, their spouses and children under 21 are limited to 1 month, single entry. Green card forms (I-485, DS-260) and the naturalization form (N-400) all ask whether you have ever been a member of the Communist Party or another totalitarian party; the law has exceptions such as involuntary membership, membership before age 16, or membership needed for the necessities of life. Answer truthfully on forms and in interviews, and talk to a lawyer first if this applies to you (see B1/B2, Filling out the N-400).
  6. Naturalizing means automatically losing Chinese nationality. Under Article 9 of China's Nationality Law, a Chinese citizen settled abroad who voluntarily acquires foreign nationality automatically loses Chinese nationality. You can no longer use a Chinese passport (even an unexpired one) and should cancel your hukou (household registration). Going to China requires a visa (the fee for U.S. citizens is reduced to $140 through 2026-12-31 ⚠️), and the 30-day unilateral visa-free policy does not cover U.S. passports (see After the oath).
  7. Chinese documents: Birth, marriage and no-criminal-record documents must be notarial certificates with English translations; for immigrant visas the police certificate is valid for 2 years (see Preparing Chinese documents).

4. Major 2025–2026 changes at a glance ⚠️

Date Change Who it affects More
From 2025-06-18 F/M/J applicants must set social media to public; later extended to H-1B/H-4 (2025-12-15), K and others; B1/B2 is not on the list as of 2026-10-14 Students, scholars, workers DS-160
2025-07-04 The H.R.1 budget law created new immigration fees; the visa integrity fee (at least $250) is law, but as of 2026-10-14 it is still not on the State Department fee page All nonimmigrant visas B1/B2, USCIS fees
2025-09-06 Nonimmigrant visas must be applied for in the country of nationality or residence All nonimmigrant visas Booking a visa interview
2025-09-21 $100,000 H-1B payment (new petitions for people abroad only); ⚠️ currently not collected because of court orders H-1B H-1B
2025-09-30 EVUS fee begins at $30; $30.75 from 2026-01-01; $31.75 from 2026-10-16 10-year B visa holders EVUS
2025-10-01 Interview waivers sharply limited: almost everyone interviews; for B visas only renewals within 12 months of expiration qualify Parents renewing, students, H-1B Booking a visa interview
2025-10-20 N-400s filed on or after this date take the 2025 civics test: 128-question bank, up to 20 questions, pass with 12 correct; earlier filers take the 2008 test (100-question bank, 10 questions, pass with 6) Naturalization Civics test
2025-11-01 Immigrant visa interviews follow the consular district of residence Guangzhou immigrant visas Consular processing
2026-02-27 H-1B lottery weighted by wage level (from FY2027) H-1B H-1B
2026-03-01 Premium processing fees rise; $2,965 for I-129/I-140 H-1B, employment-based Expedites
2026-05-21 USCIS memo: adjustment of status is discretionary; conduct inconsistent with your purpose of entry counts against you Adjusting in the U.S. Green card paths
2026-06-23 Proposed N-400 fee increase ($1,330 paper / $1,280 online, ending fee reductions and waivers): not in effect as of 2026-10-14; current fees remain $760 / $710 / $380 Naturalization N-400
2026-07-01 to 12-31 State Department $750 paid expedited B1/B2 appointment pilot: posts in China are not included B visas Booking a visa interview
2026-09-18 New public charge rule takes effect; only the 09/18/26 edition of the I-485 is accepted Adjusting in the U.S. Marriage green card
2026-10-01 Only the 08/24/26 edition of the I-864 is accepted (includes a credit check authorization); CBP stops routine entry stamps Family sponsors, travelers Consular processing, I-94
2026-10-07 New USCIS fee schedule G-1055 (10/07/26 edition) All USCIS filings USCIS fees
2026-10-16 H.R.1 fees adjusted for inflation: parole fee $1,020 → $1,050; initial EAD surcharge for asylum/parole/TPS $560 → $570 (marriage and employment I-485 work permits and OPT are not included) Asylum, parole, TPS and others USCIS fees
2026-11-30 New EB-5 fees (I-526E $7,850, I-829 $5,000) Investors EB-5

Two more items are still unsettled: the DHS rule ending F-1 "duration of status" was put on hold by a court on 2026-09-14, and the large OPT fee of 2026-10-08 is only a proposed rule (comments through 2026-11-09). See Maintaining F1 status.

5. Interviews: part of almost every path

  • Visa interviews (B1/B2, F-1, J-1, H-1B, K-1): in a few minutes the officer decides whether your purpose is genuine and looks at your ties to home and your finances. You can practice F1 interviews in English and B1/B2 interviews in Mandarin with the 美签专家 app (in Chinese).
  • Green card interviews (at the local USCIS office in the U.S., or in Guangzhou): marriage cases cover your relationship and daily life together; parent cases cover the child's situation and plans after arrival.
  • Naturalization interview: review of your N-400, English reading, writing and speaking, and the civics test. We recommend practicing with the PathToUS Citizenship Test app.

6. What applicants report (individual experiences, not guarantees)

  • Pick your path before collecting documents. The most common detour on forums is not understanding the difference between "immediate relatives have no wait" and "F4 takes more than a decade," or treating a B visa as a stepping stone to change status.
  • Do not let your parents' visas sit expired for more than a year. Since 2025-10-01, interview waivers apply only within 12 months of expiration, so many families now have to line up for a new interview.
  • Watch form editions and dates. Editions and fees changed often in 2025–2026; a common rejection reason is an old I-485 / I-864 edition or an outdated fee.
  • Allow extra time for STEM backgrounds. Reports of students, scholars and H-1B workers placed in 221(g) administrative processing when renewing in China have risen sharply, so do not schedule your travel too tightly.
  • Use official sites only. EVUS, the DV lottery and the appointment system all have many look-alike sites and "agency guarantees"; the official sites are .gov or linked from the embassy's website.

7. Common misconceptions

  • Visa validity is not how long you can stay: CBP decides your length of stay at each entry; check the I-94.
  • A tourist visa is not for getting married, giving birth or living in the U.S.: state your true purpose at entry, or it can affect every future application.
  • A green card is not a "permanent safety net": living abroad for long periods can be treated as abandoning it and can affect naturalization; see After you get your green card.
  • Ignore any agent promising "guaranteed approval" or "inside connections": every visa and immigration case is decided by an officer, and false documents can bar you permanently; see Choosing a lawyer.

8. FAQ

1. I want my parents to stay with me for six months. Which visa? A B1/B2 visitor visa. CBP decides how long they can stay at each entry, shown on the I-94. For a long-term move, consider Bringing your parents (you must be a U.S. citizen age 21 or older).

2. Can a green card holder sponsor parents? No. Only U.S. citizens age 21 or older can petition for parents; green card holders must naturalize first.

3. After entering on a B visa, can I change to student status or marry and adjust status? There are legal paths, but your true intent at entry matters. The 2026-05-21 USCIS memo lists conduct inconsistent with your purpose of entry as a negative factor, so talk to a lawyer first (see Choosing a lawyer).

4. I was born in mainland China but now have a Canadian passport. Which visa bulletin date applies? Your place of birth, so mainland China. Visa matters (EVUS, where you interview) follow your current passport and residence.

5. Why can't I enter the green card lottery? DV eligibility is based on country of birth. People born in mainland China and Hong Kong exceed 50,000 immigrants over five years, so they are not eligible; the only exceptions are claiming a spouse's or parent's country of birth.

6. Can I keep my Chinese passport after naturalizing? No. Naturalizing means automatically losing Chinese nationality, so the Chinese passport can no longer be used; you go to China on your U.S. passport with a Chinese visa (see After the oath).

7. I filed my N-400 in September 2025. Which civics test do I take? The 2008 test (100-question bank, 10 questions, pass with 6 correct). Only the filing date matters.

8. Where do I check my case after filing? USCIS cases: Case Status Online / myUSCIS; consular visas: CEAC; NVC stage: the CEAC immigrant visa page (see Checking your case status). For unfamiliar abbreviations see the Glossary.

9. All guides

Overview

Visas

Green cards

Citizenship

Tools

Official links

Disclaimer: This guide is general information only and not legal advice. Visa and immigration policies, fees, visa bulletin dates and form editions change often; always check the latest from the State Department, USCIS, CBP and the U.S. Embassy and Consulates in China. If you have a visa refusal, overstay, criminal record, Communist Party membership or another complication, talk to a licensed immigration attorney.

This guide summarizes public information and applicant experiences for reference only. It is not legal advice. Immigration rules and fees change often, so always confirm on the official websites; if your case is complicated (for example a criminal record, long trips abroad or a status problem), talk to a licensed immigration attorney. PathToUS is not affiliated with the U.S. government.

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