Full Answer
What is “dual intent”?
The concept or legal fiction known as “Dual Intent” becomes important when a person holding or applying for a temporary visa, or temporary visa status, wants to obtain a green card (permanent residence).
What is the doctrine of dual intent for temporary visas?
Basically, the doctrine of dual intent deals with non-U.S. nationals' intentions as to how long they plan to remain in the United States. If the foreign national intends to live in the U.S. for only a temporary time, as opposed to permanently, then they fit one of the key qualifications for a temporary visa.
What is the difference between F-1 and dual intent visa?
A decision to grant an F-1 visa is therefore based on the applicant’s immediate intent – not on what that intent might be in the future. A dual intent visa allows a foreign national to enter the United States as a nonimmigrant but retain the option to apply for a green card (permanent residence) in the future.
Can dual intent visa holders get a green card?
Dual intent visas can be hugely useful to anyone who, for example, hopes their job in the U.S. will turn to a permanent one, leading the employer to sponsor them for a green card. This is not to say that single intent visa holders can never obtain a U.S. green card.
Which visa is dual intent?
Common U.S. Nonimmigrant Visa Statuses Allowing Dual Intent These categories are: H-1B temporary workers in a specialty occupation. H-4 dependents (spouses and unmarried children under 21 years old) of H-1B workers. L-1A itntracompany transferees executive or manager.
Why h1 is known as dual intent visa?
Even though the H-1B visa is a non-immigrant visa, it is one of the few visa categories recognized as dual intent, meaning an H-1B holder can have legal immigration intent to apply for and obtain the U.S. Green Card, while still being a holder of the H-1B visa.
Is F1 a dual intent visa?
As mentioned above, the F1 visa is not a dual intent visa. So, if you're looking to eventually get your green card, one of the options to do this is to change status from the F1 visa to a dual intent visa, which would be a nonimmigrant work visa that allows you to later apply for a green card (including the H1B visa).
Which visas are not dual intent?
Most visas, including B-1/B-2 visas and visa waivers, do not allow dual intent. Intent to remain in the United States permanently at time of entry is not the same as a general desire to remain in the United States permanently, which is technically allowable.
Which visa is better L-1 or H-1B?
H1B has stringent requirements while L1 Visa is more suitable for multinationals and is less time consuming than H1B visas. Also, L-1 and H-1B have ˜dual intent in that visa holders in both categories can aim for green card while staying as a nonimmigrant in the United States.
How can I get dual intent visa for USA?
First, the applicant must have an immigrant petition filed on his behalf. Generally, an immigrant petition is filed by a family member (Form I-130) or an employer (Form I-140). Once the petition is approved and an immigrant visa number is immediately available, the immigrant may adjust status.
How can I stay in USA after F1 visa?
If you came to the United States with an F-1 student visa, you have 3 way to stay in the United States:OPT – Optional Practical Training. Certain science, technology, engineering, and math (STEM) fields, qualify for a two-year extension of OPT. ... Apply for a Non-Immigrant Work Visa. ... Apply for a Green Card.
Can you go from F-1 to green card?
F-1 visa to EB-1 visa One option for students who are in the U.S. on F-1 visas and wish to become Green Card holders is to apply for an EB-1 visa, also known as first-preference employment-based visas.
How long is the F1 visa valid?
For Indian passport holders, F-1 student visas are generally valid for five years from the start date of your programme. However, although your student visa may be valid for five years, your stay in the United States on your student visa is dependent on your status as a student.
What is a single intent visa?
Single Intent work visas Many work visas, such as the TN or E-3, are “Single Intent” visas. If you hold a Single Intent visa, you usually will need to demonstrate ties to your home country and will need to state that you only intend to work in the U.S. temporarily each time you enter the country.
What is the 90 day rule immigration?
The 90-day rule states that non-immigrant visa holders who marry U.S. citizens or lawful permanent residents or apply for adjustment of status within 90 days of arriving in the U.S. are automatically presumed to have misrepresented their original nonimmigrant intentions.
Is the h1b visa a lottery?
FY 2022 and FY 2023 H-1B Cap Registration: USCIS uses a lottery in any year when companies file more H-1B applications (or registrations) than the annual limit of 85,000 (65,000 plus a 20,000-exemption for advanced degree holders from U.S. universities).
Is H 4 dual intent?
Privileges of the H4 Visa: Dual Intent The INA grants H4 nonimmigrants the privilege of a ''dual intent” visa. This means that H4 holders can be the beneficiary of an I-140 (immigrant petition) filed under section 204 of the INA. Meaning, they can seek and apply for legal permanent residency.
Is the h1b visa a lottery?
FY 2022 and FY 2023 H-1B Cap Registration: USCIS uses a lottery in any year when companies file more H-1B applications (or registrations) than the annual limit of 85,000 (65,000 plus a 20,000-exemption for advanced degree holders from U.S. universities).
What is dual intent visa Canada?
Dual intent is present when a foreign national who has applied or may apply for permanent residence in Canada also applies to enter Canada for a temporary period as a. visitor. student. worker.
What is a single intent visa?
Single Intent work visas Many work visas, such as the TN or E-3, are “Single Intent” visas. If you hold a Single Intent visa, you usually will need to demonstrate ties to your home country and will need to state that you only intend to work in the U.S. temporarily each time you enter the country.
What is dual intent visa?
A dual intent visa allows foreign nationals to be temporarily present in the United States with the intention of possibly immigrating to the U.S. permanently. That’s significant because most temporary visas require that the visitor intend to return home.
What is nonimmigrant intent?
Nonimmigrant Intent. U.S. immigration law provides for the existence of immigrant visas (permanent green card holders) and nonimmigrant visas (temporary visitors). Before issuing visas, foreign nationals must state their intentions and prove to the consular officer that he or she meets the standards required by the particular visa classification ...
What is the form for an immigrant visa?
First, the applicant must have an immigrant petition filed on his behalf. Generally, an immigrant petition is filed by a family member (Form I-130) or an employer (Form I-140). Once the petition is approved and an immigrant visa number is immediately available, the immigrant may adjust status.
Can I file for a nonimmigrant visa without dual intent?
The issue that emerges for a nonimmigrant without a dual intent visa is that by filing Form I-485, it brings into question whether or not the applicant had a “ preconceived intent ” at the time he or she was granted the nonimmigrant visa. It is plausible that the immigrant entered the U.S. with the intent to return to his home country but changed his intentions (perhaps due to a job prospect or romantic relationship). But an immigrant cannot have the preconceived intent to enter the U.S. for a purpose different from that permitted under his/her nonimmigrant visa.
Is an H-1B visa a dual visa?
The H-1B, L-1 and O-1 employment visas are pure dual intent visas that give the holder nonimmigrant privileges and a clear path to a green card if there is a willing sponsor. Approval of labor certification or the filing of an immigrant visa petition does not preclude granting H-1B status, L-1, or O-1 status. To the contrary, it is to be expected. However, the consular officer must be satisfied that the applicant will depart the U.S. voluntarily when his or her authorized nonimmigrant stay expires if not granted a green card.
Is there a rule for F-1 visas?
Again, these aren’t rigid guidelines applied to every type of nonimmigrant visa. In fact, there are exceptions to the rules. For example, for an applicant applying for an F-1 student visa, there is some leniency provided for the applicant. The Department of State understands that the typical student is young, without employment, without family dependents, without substantial personal assets, and often without very specific plans for the future. Thus, consular officers will consider the “residence abroad” requirement for students in a broader light, and instead focus on the student applicant’s short-term intent. A decision to grant an F-1 visa is therefore based on the applicant’s immediate intent – not on what that intent might be in the future.
Who can use a K-3 visa?
The K-3 visa is used by the spouse of a U.S. citizen to enter the U.S. while waiting for a pending Form I-130 alien petition filed by the U.S. citizen spouse listing him/her as beneficiary. In each case, these are spouses (or future spouses) of U.S. citizens that will granted the privileges of immediate relatives.
What is dual intent visa?
A dual intent visa is a visa classification that is both for immigration and non-immigration purposes, for example, for someone who either eventually wants to become a permanent resident of the United States, or someone who just wishes to work here temporarily. If one’s ultimate goal is to get a green card and permanently immigrate to the United States, then it is important to consider a dual intent visa. An immigration attorney can advise one on the application process as well as elaborate on the various benefits and limitations of the dual intent visa.
Who can help you decide if a dual intent visa is the right choice for you and your family?
An immigration attorney will be able to help you decide if a dual intent visa is the right choice for you and your family.
What is dual intent visa?
Essentially, a dual intent visa allows you to obtain nonimmigrant status even though you intend to apply for a green card at some point during your stay.
What is an H-1B visa?
H-1B, O-1, and L-1 visas. These are employment-based nonimmigrant visas (for specialty workers, extraordinarily individuals, and intracompany transferees, respectively). The U.S. government generally expects qualifying employers to sponsor these visa holders for lawful permanent residence, but a visa holder must intend to leave the U.S. voluntarily if their adjustment of status process fails and their temporary visa expires.
What happens if an adjudicating officer believes you are applying for a nonimmigrant visa?
If the adjudicating officer believes you are applying for a nonimmigrant visa even though you ultimately want to become a permanent resident, they may accuse you of fraud (intentional misrepresentation), which could prevent you from ever qualifying for a visa. If you are concerned about how the U.S. government may interpret your intentions, you will greatly benefit from support and guidance from an experienced professional.
Can a nonimmigrant visa be denied?
When you apply for a nonimmigrant (temporary) visa, an adjudicating officer will generally deny your application if they believe you intend on moving to the U.S. permanently. As such, you typically need to prove that you have a residence in your country of origin that you have no intention of abandoning.
Is It Possible to Adjust Your Status from a Non-Dual Intent Visa?
If your nonimmigrant visa does not allow for dual intent, you may still be able to adjust your status to permanent residence. However, this process is tricky, as you will need to fully intend to leave the U.S. after a limited amount of time.
What visas allow dual intent?
Visa categories that specifically allow for such “dual intent” include the H-1A visa, H-1B visa and L visa categories, the most common visa categories for temporary workers.
What is dual intention?
The concept of Dual Intent assumes that a person with such Dual Intent will, although she has an intention to reside permanently in the US upon approval of the appropriate immigrant visa or adjustment of status application, she will not stay in the US beyond the time her visa or visa status expires.
What is dual intent visa?
These are called "dual intent" visas because these visas are temporary work visas, but can be issued even if the applicant has an "immigration intent." In general, a temporary visa is a visa where the visa holder must depart the U.S. at the end of the visa's duration of status. With most temporary visas, the holder CANNOT have an intent to remain in the US. If there is evidence of an intent to remain in the U.S., customs and immigration officials can deny issuance of the temporary visa. When processing a nonimmigrant visa, consular and immigration officials will look for evidence that the applicant has a clear intent to not seek immigration status. Examples of evidence include evidence of home, property, bank accounts, family relations, etc., in the country of origin.
What is an L-1A visa?
L-1A visa -- for managerial staff currently working for an employer being transferred within company to a US location
What is dual intent visa?
Dual intent status is designed to be advantageous for visa applicants. Without having to prove intention to leave, L1 visa holders will not have to compile and submit evidence in support. This can make the initial visa application processing more straightforward.
What are some examples of dual intent visas?
Other examples of dual intent visas include the H1-B and E-2 visas .
How to get a green card for a priority worker?
Instead your employer will need to file a visa petition using the Form I-140. Several documents will need to be filed with the form including evidence of your L-1 approval, documents proving you have worked for the required time as an executive or manager, evidence and a detail of your job duties, financial statements from the company and other financial information such as recent tax returns.
What is an L1 visa?
The L1 visa is one of a few US employment visas that inherently brings with it the possibility of becoming a permanent resident in the US, so you can indicate an intention to do this when you submit your application. However, for your L1 visa to be approved you must be able to demonstrate credibly to the US consular officer who assesses your case that you will return home when your visa expires if you are not granted a green card. You will need to provide documentation that proves this such as links to family, property or business in your home country.
What is NNU immigration?
NNU Immigration are specialist US immigration attorneys. From our central London base, we support companies from across the globe with L-1 visa petitions, ensuring initial eligibility and helping to minimize the L1 application processing time. We also provide guidance to the employer and employee through the petitioning process, and also extension applications.
What are the different types of visas?
Under US immigration law, there are two different types of visa. Immigrant visas, such as the spouse visa, allow for permanent residence in the US and as such, are required where an individual wants to enter the US to reside indefinitely. Nonimmigrant visas allow for temporary permission to travel to the US for a specified purpose.
What is an EB-1C green card?
The EB-1 category of green card is specifically for multinational managers or executives.