Understanding Dual Intent vs. Single Intent Visas: What Immigrants Need to Know

When entering the U.S. on a temporary visa, you're required to state the purpose of your visit. Whether you're traveling for tourism, business, or work, U.S. immigration authorities need to understand your intentions. This can be straightforward when you enter for a short stay or temporary work, but what happens if you decide to apply for a green card while you're here?

It’s crucial to understand the difference between Dual Intent and Single Intent visas, as these affect your ability to apply for permanent residency while in the U.S. and your freedom to travel in and out of the country during that process.

What is Dual Intent?

Dual Intent refers to the ability to enter the U.S. on a temporary visa while simultaneously seeking permanent residency. This is a significant benefit, as it allows you to pursue a green card application without jeopardizing your current visa status or being seen as having "misrepresented" your intent when entering the country.

Visas that fall under Dual Intent include:

• H-1B (specialty occupations)
• L-1 (intra-company transferees)
• H-4 (dependents of H-1B holders)
• L-2 (dependents of L-1 holders)

With a Dual Intent visa, you can apply for a green card while working temporarily in the U.S. and even travel in and out of the country without disrupting your green card application process. This flexibility is one of the biggest advantages of holding a Dual Intent visa.

For example, if you hold an H-1B visa and decide to apply for permanent residency (a green card), your visa status won’t be affected during the application process. You can continue working in the U.S., and if you need to leave and re-enter, it won’t interfere with your green card application.

O-1 Extraordinary Ability Visa - The O-1 visa occupies a gray area between dual and single intent. Some attorneys describe it as a "quasi-dual intent" visa. While an approved I-140 shouldn't result in an O-1 visa application denial, U.S. embassies may still ask O-1 applicants to demonstrate ties to their home country. Additionally, O-1 visa holders should not have the intent to immigrate when they are admitted and enter the U.S. with an O-1 visa. We recommend consulting with our attorneys to discuss your specific situation and the potential risks of traveling on an O-1 visa with an approved I-140.

What is Single Intent?

On the other hand, Single Intent visas are meant for individuals who are entering the U.S. with the sole intention of staying temporarily—whether for work, study, or tourism. The key distinction here is that these visas don’t permit you to pursue a green card application while you're in the U.S. without potentially facing consequences.

Single Intent visas include:

• TN (for Canadian and Mexican professionals under NAFTA)
• E-3 (for Australian professionals)
• B-1/B-2 (business and tourist visas)

If you enter the U.S. on a Single Intent visa, you are expected to demonstrate that you have no plans to stay beyond the duration of your visa. This includes showing that you have ties to your home country, like a job, family, or property, and that you intend to return once your work or visit is complete.

If you later decide to apply for a green card while on a Single Intent visa, it can create complications. U.S. immigration authorities could view your green card application as a misrepresentation of your initial intentions, which could put your current visa status at risk. Additionally, traveling internationally after you have initiated your green card process and then applying for a single intent visa or seeking admission to the US on a single intent visa, can be tricky.

The Risks of Applying for a Green Card on a Single Intent Visa

One of the biggest concerns for those on Single Intent visas is traveling in and out of the U.S. during the green card process. If you leave the U.S. after applying for a green card while on a Single Intent visa, you may not be allowed to return on your visa and your adjustment of status could be considered abandoned.

To prevent either of these situations, you may be eligible to apply for Advance Parole (via form I-131), which is a travel document that allows you to leave and re-enter the U.S. while your green card is processing. Additionally, you may be able to apply for Employment Authorization (EAD), which grants work authorization during the adjustment of status process.

Important Tips for Single Intent Visa Holders

If you're on a Single Intent visa and plan to apply for a green card, there are a few key things to keep in mind:

1. Timing Matters: If you’re still in the early stages of your green card process (before filing the Adjustment of Status form, I-485), you may be able to continue working in the U.S. and travel internationally without issues. Once you’ve filed the Adjustment of Status (I-485), your situation becomes more complicated if you want to travel.
2. Consult with an Attorney: If you’re planning to transition from a Single Intent visa to permanent residency, it’s essential to speak with an experienced U.S. immigration attorney. They can guide you through the process to minimize any risks and help you avoid pitfalls that could delay your green card application.
3. Be Careful with B-1/B-2 Visas: If you enter the U.S. on a B-1/B-2 visa (for business or tourism) and later apply for a green card, this could raise questions. The B-1/B-2 visa is highly restrictive, and applying for a green card on this visa could be seen as misrepresenting your intention upon entry.
4. File for Advance Parole & EAD: After filing your green card application, apply for Advance Parole and Employment Authorization as soon as possible. This will allow you to travel and work without jeopardizing your application, even if you're on a Single Intent visa.

Conclusion

It’s important to understand the rules regarding US Visas and avoid making mistakes that could jeopardize your future in the U.S.

If you're unsure of your visa status or what steps to take next, contact Alma’s attorneys. They can help ensure that your path to permanent residency is as smooth as possible—without any unintended complications along the way.