Status as of October 26, 2026. What is your immigration status in the United States? It is the legal classification and rights you hold under U.S. immigration law – not simply the visa sticker, work permit or receipt you carry. A visa is generally used to request entry, Form I-94 records an admission or other authorized event, an EAD proves employment authorization, and a green card proves lawful permanent resident status. One person can have several of these documents at once, but they do different jobs.
Confusing a visa's expiration date with the permitted stay – or assuming a work permit grants legal immigration status – can lead to serious filing and travel mistakes. The U.S. Department of State explicitly distinguishes visa validity from the period of authorized stay. This guide explains the most common classifications and how to find the document relevant to your own situation, as checked on October 26, 2026.
Immigration status vs. visa vs. I-94 vs. EAD vs. green card
Term | What it means | What it does not prove |
|---|---|---|
Immigration status | Your legal classification under immigration law, such as F-1 nonimmigrant student, H-1B worker, asylee or lawful permanent resident. | A receipt number alone does not establish a new status. |
Visa | A consular travel document generally allowing you to request admission at a U.S. port of entry for a specified purpose. | A visa does not guarantee admission and its expiration date is not the deadline for leaving after admission. |
Form I-94 | A government arrival/departure or other admission/parole record that may show your class and admit-until date or D/S. | It is not automatically a work permit or permanent residence; its meaning depends on the classification and notation. |
Employment Authorization Document (EAD) | A USCIS card evidencing permission to work for its approved category and validity. | An EAD alone does not make someone a permanent resident or create a new underlying lawful nonimmigrant status. |
Green card (I-551) | Evidence of lawful permanent residence, a status generally permitting a person to live and work permanently in the U.S. | It is not a U.S. passport or proof of citizenship. Expiration of an ordinary 10-year card does not, by itself, end LPR status. |
A useful mental model: status answers “Under what legal classification am I in the U.S.?”; a visa answers “What travel document did I use to request entry?”; I-94 answers “How was my admission or parole recorded and what time or notation applies?”; EAD answers “Can I work under an authorized category?”; and the green card is evidence of permanent residence.
What are the main types of immigration status in the U.S.?
1. Temporary nonimmigrant status
People admitted in nonimmigrant classifications such as B-1/B-2 visitors, F-1 students, J-1 exchange visitors, H-1B workers and certain dependents are authorized for the purpose and conditions of their classification. A visitor generally cannot take a U.S. job merely because their visa is valid. An F-1 student may be admitted for D/S (duration of status) rather than a calendar-date deadline and must continue to meet the terms of that classification. An H-1B worker has its own employment and employer-related conditions. Read the specific USCIS/State Department rules for your class rather than using one universal rule.
2. Lawful permanent resident (LPR)
A green-card holder has lawful permanent resident status, different from temporary nonimmigrant status. The green card is evidence of this status. The ordinary 10-year physical card may expire while the underlying status continues; renewal of the document uses Form I-90, although a two-year conditional resident follows separate removal-of-conditions rules. See the FACTUM green-card overview.
3. Humanitarian protection and other classifications
People granted asylum have a protected immigration classification, while a person with an asylum application still pending has not thereby been granted asylum. An applicant may have protections from removal or a period of authorized stay under applicable law, but a pending application does not automatically create lawful nonimmigrant status. Details of previous admission, court proceedings and other filings can change the legal analysis.
Temporary Protected Status (TPS) offers specific temporary protection and can confer employment authorization while the designation and individual grant remain effective; it is not itself a direct green-card route. TPS has special statutory rules, including rules that treat beneficiaries as maintaining lawful status for certain adjustment purposes. Parole is permission for a person to be physically present for a specified period or purpose; parole under INA section 212(d)(5) is not admission and does not itself give permanent residency. These are not interchangeable with a B visa, an asylum grant or an immigrant visa. See USCIS TPS, USCIS Asylum and USCIS Humanitarian Parole.
Does my U.S. visa expiration date tell me when to leave?
Usually no. A visa in the passport generally relates to travel to seek admission. After a person is admitted, the relevant period and category are generally reflected in an I-94 or a later qualifying USCIS decision. For example, someone with a B-2 visa expiring in 2028 could have an I-94 admit-until date in 2026; that person cannot assume permission to stay until 2028. Conversely, a traveler can remain during a valid period of admission after a visa sticker expires, provided they continue to meet the applicable conditions. Visa validity may matter again when traveling internationally and seeking reentry. Department of State guidance explains why.
How do I find my class of admission and I-94 end date?
Visit the official CBP I-94 website to retrieve the most recent electronic arrival/departure record, if one is available for you.
Look for Class of Admission (for example B-2 or F-1) and Admit Until Date, or a notation such as D/S. “D/S” is conditional on maintaining the applicable classification; it does not mean an unconditional or unlimited right to stay.
Review any newer USCIS approval notices that changed or extended your classification or authorized stay. Sometimes an I-797 approval has a new I-94 attached; a CBP online record may not show that later USCIS action.
If information is missing or incorrect, identify the agency that issued the record and follow the corresponding correction process. See our I-94: find, print and correct your record guide.
CBP says I-94 records can be retrieved online in many cases, but not every person has the same I-94 format. Some people have USCIS-issued paper I-94 documents; permanent residents generally use different evidence. Never upload a personal passport or immigration document to an unofficial status-check website. FACTUM does not check or store private I-94 or receipt numbers.
Is a work permit (EAD) proof that I have legal status?
Not by itself. EAD eligibility is based on a separate immigration classification or pending application. For example, an asylum applicant who meets the eligibility rules may obtain an EAD while the underlying asylum case is unresolved. An adjustment-of-status applicant may qualify for an EAD while an I-485 is pending. The card is important evidence of employment authorization, but it does not automatically approve the asylum or I-485 case or restore an expired nonimmigrant classification. Other groups – including many permanent residents and some workers authorized incident to their status – may work without a separate EAD. See USCIS Form I-765 and our EAD guide.
Does filing an immigration application give me lawful status?
Not necessarily. A pending I-130 petition, I-485 application, asylum request or application for an extension has a particular legal effect under the applicable rules. Some filings may place a person in a period of authorized stay for certain purposes without giving them a new lawful immigration status; other timely filed extensions or changes can have different consequences. In particular, lawful immigration status, lawful presence, and a period of stay authorized for unlawful-presence calculations are distinct legal concepts. It is unsafe to treat every pending receipt notice as permission to remain or work indefinitely. Check the agency notice, the underlying classification and qualified legal advice when an I-94 or existing status will expire. The USCIS Case Status Online tool shows a case's administrative progress, not the person's entire immigration-status determination.
Is immigration registration the same as immigration status?
No. A registration record or registration-related document may satisfy a separate legal registration obligation. USCIS explicitly states that registration itself does not create an immigration status, employment authorization or other immigration benefit. Similarly, a receipt number is a tracking identifier, not a substitute for the underlying legal classification.
Quick examples: what should you check?
Tourist: B-2 visa in a passport, I-94 with a specific admit-until date. Follow the I-94 and classification conditions for the authorized visit, not the visa's later expiration date.
Student: F-1 visa may expire while an F-1 student maintains D/S and meets program/SEVIS requirements. The expired visa may still affect future international travel.
Pending asylum + EAD: permission to work does not mean asylum was granted or that the EAD itself confers nonimmigrant status.
Pending I-485 + EAD: a work card does not mean a green card was approved. Check adjustment eligibility and restrictions on international travel.
Permanent resident: an expired ordinary 10-year green card is a document-validity problem, not automatic loss of LPR status; appropriate evidence may still be needed for travel or employment.
Frequently asked questions
What should I write as my immigration status on a form?
Use the precise legal classification and documentation appropriate to that form and its instructions; for example, lawful permanent resident, F-1 nonimmigrant, person granted asylum or parolee where applicable. Do not automatically enter “EAD holder” or your visa number as your legal status. If the form asks for class of admission, use that specifically, not a broad description.
Does an expired visa mean I am out of status?
Not automatically. Your authorized admission period, conditions of stay and any later USCIS action matter. See the State Department visa validity guidance.
Does an EAD make me a green-card holder?
No. A work permit is distinct from lawful permanent residence.
Can FACTUM determine my status from my receipt number?
No. Only the responsible government agency, legal records and the facts of the case can establish the relevant classification; do not share sensitive numbers or documents in public comments.