L1-A Visa: Chapter 4 – The Temporary Intent vs. Dual Intent Rule *
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.
Select Your Chapters Here
Chapter 1 – Managers, Executives & Specialists
Chapter 2 - The One Year Within Last Three Rule
Chapter 3 – Start Up or Existing US Branch
Chapter 4 – Temporary Intent vs. Dual Intent Rule
Chapter 5 – Duration of L Visas
Chapter 6 – Petitions Denied, Revoked or With Drawn
Chapter 7 – Continuing to Business in Home Country
Chapter 8 – Parent, Branch, Subsidiary and Affiliate Companies
Chapter 9 – Employment vs. Source of Paycheck
Chapter 10- Full-time Part-time L1
Chapter 11 – Day to Day Managerial, Executive or Specialist Duties
Chapter 12 – Working While Awaiting Renewal of L Status
Chapter 13 – Spouse of L Visa Holder’s Right to Work
Chapter 14 – Summary
US Immigration Law Offices of Chris M. IngramUS Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Admitted in New York
Practice Specializing in US Immigration Law
Suite 300, 23822 Valencia Blvd,
Valencia, California 91355
Tel: 661 254 8064
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.
General Location: Santa Clarita, Los Angeles, California, USA.
Serving all 50 States
Copyright 2010
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.