Nonimmigrant Visas

What Are Nonimmigrant Visas?

Nonimmigrant visas are temporary visas. Generally, an individual who seeks a nonimmigrant visa must demonstrate "nonimmigrant intent," or the intent to depart from the United States upon the expiration of the nonimmigrant visa. However, since the 1990 amendments to the Immigration and Naturalization Act, the USCIS, and more slowly the U.S. Department of State, have come to accept the concept of "dual intent," which recognizes that certain nonimmigrant visa holders may intend to seek immigrant status.

Dual Intent Doctrine and Nonimmigrant Visas

There are a handful of visas that are considered "dual intent." A "nonimmigrant" can intend to immigrate to the United States and not intend to immigrate at the same time. This affords interested immigrants maximum flexibility; they can travel and maintain their underlying nonimmigrant status while their immigration petition is moving forward. We strongly advise clients to maintain their nonimmigrant status until they have their green cards in their hands. Just like you wouldn't drive without car insurance, you shouldn't go through the immigration process without maintaining a dual intent status. The following nonimmigrant visas are dual intent visas:


Caveat to dual intent: The E visa for treaty traders/treaty investors is not dual intent. However, the consulate has discretion to "look the other way." To learn more about dual intent visas, please speak with an immigration professional.

Other Nonimmigrant Visas

Whether you or your employee is a temporary visitor to the U.S. or would like to begin the immigration process under a dual intent visa, our attorneys can discuss the visas available and help prepare a visa application for any of the following: