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.

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.

Business Expansion - L Nonimmigrant Visas