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The H-1B Visa and L Visa are Nonimmigrant Visa with "Dual Intent"

Hi William,

I have a L1B visa in U.S. and working for a small company. Can I apply for U.S. Green Card? or is the L1B visa a "dual intent" visa?


Many foreign nationals seeking nonimmigrant visas are unclear about the “presumption of immigrant intent” and suffer visa denials because they are unable to prove their temporary intent to remain in the U.S. But the H-1B visa and L visa are nonimmigrant visa, and they are the only employment based non-immigrant visa categories where the "dual intent" is recognized by immigration law.

The U.S. immigration regulations recognize the "immigrant intent" for H-1B visa and L visa (including L1A visa and L1B visa). Therefore, H-1B visa holders and L visa holders can apply for immigration visa inside United States, such as:

1) the labor certification application;
2) an immigrant visa application;
3) adjustment of status application;
4) application for H-1B visa or L visa extension after an immigrant visa application.

While dual intent is recognized for H-1B visa, similar exemptions are not available to foreign nationals in or seeking H-2A, H-2B, H-3 or TN visa classifications.

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