May I have intent to immigrate in H-1B status?

The H-1B category allows for dual intent, which means both short-term nonimmigrant intent and long-term immigrant intent.  H-1B status is a temporary status for an individual working in a specialty occupation (i.e. in a job that requires a degree or the equivalent).  An individual who intends to hold H-1B status temporarily and then return to his/her home country has nonimmigrant intent.  An individual who has the short-term intent to work in H-1B status and the long-term intent to live in the U.S. permanently has both nonimmigrant and immigrant intent (i.e. dual intent), which is permitted.  Case law has held that the mere desire to obtain permanent residence in the future does not, by itself, automatically disqualify an alien from admission as a nonimmigrant.  The United States Citizenship and Immigration Services (USCIS) recognizes dual intent not only for the H category, but for the L, O, P and E categories as well.  Please don’t hesitate to contact our office if you have questions about dual intent or would like our assistance with your visa or green card petition.

Tags: dual intent, green card, H-1B, immigrant, immigrate
Posted in FAQ H-1B, H-1B, Immigrant Visas | Read More »