Law Offices of Chris M. Ingram

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L1-A Temporary vs. Dual Intent

Temporary intent simply means that when the beneficiary enters the US there is no intention for him to remain permanently by overstaying their visa conditions. In other words the intent to stay in the US is for the duration of the visa and thus temporary.

The legal creation of dual intent was established in the Immigration and Nationality Act 1990 which named the L and H visa beneficiaries exempt from having to prove that their intention to remain in the US was solely temporary. Dual intent means that the L or H beneficiary can maintain the intent to only remain in the US for as long as their visa allows, but the beneficiary can also have the intent (dual intent) to seek and hold permanent status if any such application is granted.

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The Department of Homeland Security also made the following commentary as to how dual intent should be treated: –

“The approval of a permanent labor certification [this is a step towards making a green card application] of the filing of a preference petition [this is a green card application] for an alien shall not be a basis for denying an L petition, a request to extend an L petition, the alien’s application for admission, change of status, or extension of stay.  The alien may legitimately come to the US as a nonimmigrant under the L classification and depart voluntarily at the end of his or her authorized stay, and at the same time, lawfully seek to become a permanent resident of the US.”

One final point on this: normally if an application has been filed for an adjustment of status, to permanent resident status, the applicant is not allowed to leave the US until the matter is decided without making a special application called advance parole. However, for L and H visa holders they may leave and return at will under their L and H status without having to file first for advance parole.

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Select Your Chapters Here

1 – Managers, Executives & Specialists
2 – The One Year Within Last Three Rule
3 – Start Up or Existing US Branch
4 – Temporary Intent vs. Dual Intent Rule
5 – Duration of L Visas
6 – Petitions Denied, Revoked or Withdrawn
7 – Continuing to do Business in Home Country
8 – Parent, Branch, Subsidiary and Affiliate
9 – Employment vs. Source of Paycheck
10 – Full-time/Part-time L1
11 – Managerial, Executive or Specialist Duties
12 – Working While Awaiting Renewal of L Status
13 – Spouse of L Visa Holder’s Right to Work
14 – Summary

Immigration Law Offices of Chris M. Ingram

Immigration Law Offices of Chris M. Ingram

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
[Cross Streets 4th and Wilshire]
Santa Monica,
California 90401
Tel: 310 496 4292

Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.

Please note that nothing contained in this website or link therefrom shall be regarded as providing legal advice. Please contact us directly for legal advice specific to your situation. Thank You.

Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.

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