What is a Dual Intent Visa?

The type of visa you will need will partially depend on whether you intend or hope to permanently immigrate to the United States. Many immigrants hope to eventually become U.S. citizens. To do so, they must first obtain a green card, an immigrant visa that confers lawful permanent residency. 

Qualifying for a green card can be difficult. If you do so while abroad, it may be many years before your visa becomes available. 

A dual intent visa can help you start your life in the United States before you can become a lawful permanent resident. While these visas are considered “temporary” and in the “nonimmigrant” category, beneficiaries are permitted to pursue green cards. Obtaining a dual intent visa can allow you to remain in the country while your green card application is processed. 

Our Chicago visa assistance can guide you through the process of obtaining various dual intent visas, including:

• H-1B Visas for Workers in Specialty Occupations. This visa allows workers to fill “specialty occupations” if domestic workers are not available and the position is fairly compensated. A “specialty occupation” is one that requires a relevant bachelor’s degree or an equivalent amount of relevant job experience. This visa is extremely popular, but United States Citizenship and Immigration Services (USCIS) only issues 85,000 H-1B visas each year. The H-1B visa can allow you to work in the U.S. for up to six years.
• L-1 Visas for Intracompany Transferees. Multinational companies that operate in the United States can use the L-1 visa to transfer qualifying executives, managers, and employees with specialized knowledge to U.S.-based branches, offices, and facilities. A recipient must have worked for the sponsoring employer for at least one year in the preceding three years. Managers and executives can potentially remain in the U.S. for up to seven years, while employees with specialized knowledge can stay for up to five years.
• O-1 Visas for Workers with Extraordinary Abilities. U.S.-based employers can sponsor individuals that can demonstrate extraordinary abilities or achievements in the arts, business, athletics, entertainment, or education industries for the O visa. This versatile visa allows the recipient to work in the U.S. for the sponsoring party and can be extended indefinitely so long as qualifying employment continues. An unlimited number of O visas are theoretically available, and these visas can often be secured quickly.
• K-1 Visas for Fiancés of U.S. Citizens. Engaged partners of U.S. citizens can qualify for the K-1 visa. This visa permits temporary travel to the United States to facilitate a marriage ceremony in the country. Afterward, recipients must either promptly depart or apply for a green card (thus allowing them to remain in the U.S. while their petition is processed).

Single Intent Visas: Temporary Stays in the U.S. 

If are you not interested in permanently immigrating to the United States, a single intent visa may be able to help you accomplish your goals. Single intent visa beneficiaries cannot seek green cards while in the country. However, they can be useful if you wish to temporarily travel to, study, or work in the U.S. 

Our Chicago visa professionals can facilitate the acquisition of a variety of single intent visas, including:

• B-1 and B-2 Visas for Temporary Business Travelers and Tourists. The B-1 visa permits the recipient to temporarily travel to the United States to complete certain types of business. Acceptable business activities include negotiating and closing a deal, attending an occupational conference, and settling a family member’s estate. The B-2 visa is designed for tourists looking to vacation in the United States and/or visit family. These visas can last for up to 180 days.
• H-2A and H-2B Visas for Temporary Workers. These temporary work visas allow U.S. employers to augment their workforces and meet seasonal and peak demand. The H-2A visa is reserved exclusively for agricultural workers, while the H-2B visa is intended for temporary workers in practically any other industry. Only a limited number of these visas are issued each year. H-2A and H-2B visas are initially valid for up to one year but can potentially be extended in qualifying situations.
• E-1 and E-2 Visas for Treaty Traders and Treaty Investors. The United States maintains trade agreements with numerous countries around the world. Entrepreneurs and investors from these countries may be eligible for E-1 or E-2 visas if they own a controlling stake in a qualifying U.S.-based commercial enterprise. These visas can be extended an unlimited number of times so long as their eligibility requirements are met.
• F-1 Visas for Students. Academic students will need F-1 visas if they wish to enroll in a U.S.-based elementary school, middle school, high school, college, university, or seminary. To qualify, you must obtain an acceptance from an accredited institution. You must also be a full-time student who plans to return home following the completion of your education program.

Ready to explore your visa options? Reach out for a personalized consultation.