Dual Intent in Plain English
Understanding Which Visas Allow You to Pursue Permanent Residency
What is Dual Intent?
Dual intent means you can hold a temporary visa and still apply for a green card without violating that visa's terms.
Which Visas Allow Dual Intent?
Dual Intent Visas
- H-1B (Specialty Occupation Worker)
- H-4 (H-1B Dependent)
- L-1 (Intracompany Transferee)
- L-2 (L-1 Dependent)
Non-Dual Intent Visas
- TN (NAFTA/USMCA Professional)
- E-2 (Treaty Investor)
- F-1 (Student)
- J-1 (Exchange Visitor)
If you are on a non-dual-intent visa (TN, E-2, F-1)
Important Considerations
Filing Adjustment of Status (Form I-485) or talking about immigrant intent can raise questions at the border or during visa renewal.
Always time your Adjustment of Status filing and travel carefully.
If you are on a dual-intent visa (H or L)
- You may continue working and traveling under that visa while Adjustment of Status (Form I-485) is pending.
- You can still file Employment Authorization Document (Form I-765, EAD) and Advance Parole (Form I-131) if you want backup options.
Bottom Line for Immigration Planning
Strategic Planning Required
Plan your Adjustment of Status (Form I-485) filing, travel, and work authorization strategy around your visa type and timing in the Visa Bulletin.
Travel Caution for All Visa Types
Even dual-intent visa holders should avoid travel while Advance Parole (Form I-131) is pending to prevent that application from being denied or voided.
Timing is Everything
Coordinate with an immigration attorney to ensure your green card application doesn't jeopardize your current visa status or ability to travel.
Quick Comparison: Dual Intent vs. Non-Dual Intent
| Consideration | Dual Intent (H/L) | Non-Dual Intent (TN/E-2/F-1) |
|---|---|---|
| Can file I-485? | Yes, without issue | Yes, but may complicate visa renewals |
| Travel after filing I-485? | Can use existing visa to reenter | Must wait for Advance Parole approval |
| Work authorization? | Continue under visa; EAD optional | Continue under visa until using AP; then need EAD |
| Border/visa renewal risk? | Low risk | Higher scrutiny possible |