What is A Dual Intent of Your L1 Visa?

What’s a dual intent for L1-A Visa?

U.S. Immigration Law is governing by intent. It means, when you are applying for a non immigrant visa, the Consular Officer will consider if you are maintaining sufficient ties to your home country, such as family, house and job. If Officer believes that your intention is to abandon your home and stay in the U.S. even after your visa expiration, it can be a reason for your visa denial. However, there exists certain type of visas which allows you to legally enter the U.S.A., while simultaneously seeking lawful permanent resident status. This is a case of L1 visa and the concept is called Dual Intent.

Green Card via L1-A Visa.

The L visa category is one of the most useful tools available to international companies who need to bring qualified foreign employees to the U.S. Dual Intent becomes important when you, as a holder or applicant for L1 visa, want to obtain a green card. L1-A and L1-B visas automatically allow for temporary status and immigration intent at the same time. Therefore, you can freely file a petition for permanent residency without jeopardizing your current L1 status.

If you are a manager or executive with L1-A visa for at least one year, you can file green card in EB1C category. The biggest advantage of applying in this category is that you don’t need to go through labor certification process. All your employer needs to do is just file a form I-140 and as soon as it’s approved, you can file for Adjustment of Status, form I-485. The whole process usually doesn’t take longer than one year.

Green Card via L1B Visa.

In comparison, if you are L1-B visa holder, you have to obtain a Labor Certification in order to file for a green card. It is a confirmation from Department of Labor that there are no qualified candidates in the U.S. market for your position. This process can be lengthy and your employer has to prove that there was an extensive, unsuccessful recruiting process before. Also salary offered to you has to meet prevailing wage standards for the particular position.

In both cases mentioned above, you can also file for a green card for your dependents, who are usually L2 visa holders. Hence, your spouse and unmarried child under the age of 21 can become the permanent residents as well.

Getting your permanent residency requires persistence and professional approach, so don’t hesitate and contact immigrationbiz.com for help.

Click here to learn more about L work visa. 

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