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

Not in the same sense. The concept of dual intent belongs to the world of nonimmigrant visas, such as the H-1B, and does not apply to the EB-2 NIW (National Interest Waiver) in the same way, because this is already an immigrant petition.

Dual intent is the ability to maintain a temporary status while simultaneously pursuing permanent residence without having to prove the intent to return to the home country. The H-1B allows this coexistence of intentions, which provides greater security for those in the country on a temporary basis.

The EB-2 NIW starts from a different premise: it is, from the outset, a path to permanent residence. The intent to immigrate is precisely the starting point, so there is no need to invoke dual intent, which exists to reconcile intentions in temporary visas.

Since each situation involves its own status and timelines, it is worth checking the updated rules at the official source (USCIS) and consulting with a specialist about how your current status interacts with the EB-2 NIW process.

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Victoria Harper

Editor-in-Chief

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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.