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Doctrine of dual intent and the H1B

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  • Doctrine of dual intent and the H1B

    Can someone help explain what the "doctrine of dual intent" is? It was explained to me that someone applying for an H1B (a non-immigrant visa) may actually intend to stay in the US and still have the visa issued. Is this true?

  • #2
    Any non-immigrant visa applicant is a potential immigrant,hence there is the dual intent,that is, the intent to stay permanently to the US.However, you cannot on your own file the H1B and therefore if there is one filed for you and approved that is Ok.But if you are currently in the US holding a non-immigrant visa and an H1B is being filed ,then the "dual intent" is present.It is up to you to prove that after your 3-6 years of working you want to go back to your country of origin,which normally is not the case or practice.


    • #3
      When applying for H visa/status you do not have to prove that you intend to return to your country, i.e. immigrant intent is allowed. This is unlike other visa categories (B, F, J), where you are expected to produce the evidence of your strictly non-immigrant intent (i.e. family, job, house, etc. in your home country).