Dual Intent Doctrine

Usually the immigration law provides that foreign national non-immigrants visa entrants must maintain an un-abandoned foreign residence while in the U.S., yet under the Doctrine of Dual Intent, both H1B and L-1 non-immigrant visa holders are exempt from this requirement. This requirement may not also be applied to O and P non-immigrant visa holders or TN non-immigrant visa holders, as these categories of visa also do not require the maintenance of a foreign residence while in the U.S.

The dual intent occurs where these visa holders are in the U.S. temporarily, promising to depart yet file with the USCIS to remain here permanently. How can both intents coexist? The Dual Intent Doctrine allows it! The reasoning is that if the permanent approval does not process by the time the temporary stay expires, the applicant intends to depart and continue to wait overseas for final approval to return as an immigrant. There is talk amongst the USCIS that TN visa holders will soon be eligible for Dual Intent.