Is dual intent possible with the EB-1?

With the EB-1, the concept of dual intent is virtually irrelevant, and for good reason: it is already an immigrant visa. The intention to live permanently in the United States is the premise of the petition, not something that needs to be concealed.

Dual intent exists to resolve a tension typical of temporary visas, such as the H-1B, where a person enters in nonimmigrant status but may simultaneously pursue a green card. With the EB-1, that tension does not exist: the petition is, from the outset, a request for permanent residence.

In practice, this means that:

• Immigrant intent is assumed and legitimate in the EB-1, not a problem to work around.
• The applicant does not need to deny the goal of immigrating in order to preserve their status.
• The dual intent question tends to arise with the temporary visa that precedes the EB-1, not with the EB-1 itself.

Since each immigration path combines visas and steps differently, it is worth verifying the latest requirements with USCIS or a qualified specialist before planning your transition.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.