Does the NIW allow ‘dual intent’ like the H-1B?

The EB-2 NIW (National Interest Waiver) is an immigration visa category that allows professionals with advanced skills or advanced degrees to apply for a waiver of the job offer requirement and, at the same time, the Labor Certification process. Thus, the process is aimed at permanent residency in the United States, making it an immigration pathway rather than a temporary stay.

When we talk about ‘dual intent,’ we are referring to the possibility of someone, even with the intention to immigrate permanently, being legally in the U.S. under a non-immigrant visa. The H-1B is an example of a visa that allows ‘dual intent,’ meaning that the holder can maintain H-1B temporary status while their permanent residency application is processed. This is a valuable aspect for those who want greater security to remain in the country without worrying about the obligation to prove the intent to return to their country of origin.

In the case of the EB-2 NIW, since it is an immigrant category, the issue of ‘dual intent’ does not apply in the same way. Because the NIW is part of a process that, from the start, focuses on obtaining permanent residency, the need for ‘dual intent’ (that is, demonstrating a temporary intention while seeking permanent residency) is not required. In other words, while the H-1B allows for the coexistence of temporary and immigrant intentions, the EB-2 NIW presumes a clear intent to immigrate permanently.

It is worth remembering that regardless of which visa category or immigration process you are considering, complying with U.S. immigration laws is essential. It is always prudent to seek information from official sources and, when necessary, consult specialists in the area to avoid falling victim to scams or marketing campaigns promising miraculous results. A cautious and informed approach is the best way to ensure that all procedures are carried out correctly and in compliance with current regulations.

I hope this explanation has clarified the differences between the concept of ‘dual intent’ in the H-1B and the role of the EB-2 NIW in the process of obtaining permanent residency.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.