For many employers and professionals, navigating the U.S. immigration system involves balancing short-term work authorization with long-term immigration goals. The concept of dual intent is central to this balance. Dual intent allows certain non-immigrant visa holders to remain in the U.S. temporarily while also pursuing permanent residence (a Green Card) without violating their current visa status.

Which visas allow dual intent?
Visas such as the H-1B (specialty occupation) and L-1 (intracompany transferee) explicitly permit dual intent. This means that employees can apply for a Green Card while maintaining valid non-immigrant status and continuing to work. Some categories, such as O-1 (extraordinary ability), are not officially classified as dual intent but are generally treated flexibly by immigration authorities. In contrast, visa categories like B-1/B-2 (visitor) or F-1 (student) do not allow dual intent, and taking steps toward permanent residence while holding those visas can lead to complications or denials. Accordingly, timing of applications/submissions and travel can be crucial.

Transitioning from non-immigrant to immigrant status
When an employee on a temporary visa begins the Green Card process, there are two main paths: adjustment of status (applying from within the U.S.) or consular processing (completing the process at a U.S. embassy abroad). Adjustment of status is often the preferred option for employees already working in the U.S., as it allows them to remain in lawful status throughout the process. However, visa availability, travel needs, and case timing may make consular processing a better choice in certain circumstances.

Best practices for employers and employees
Employers should plan ahead when sponsoring foreign nationals, as the Green Card process can take several years depending on the category and country of origin. Maintaining valid nonimmigrant status, filing timely extensions, and monitoring visa bulletin updates are key to avoiding gaps in work authorization. Employees should also avoid travel or status changes that could disrupt the process. Consulting with an immigration attorney early in the process helps ensure compliance and smooth transitions.

If your company is planning to sponsor employees for permanent residence or if you’re a professional exploring Green Card options while on a temporary visa, Agarwal Law Group can guide you through each stage. Contact us at 703-348-1663 to schedule a consultation.

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