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Dual Intent

Dual intent is a legal concept recognizing that certain nonimmigrant visa holders (primarily H-1B and L-1) can simultaneously maintain temporary visa status while pursuing permanent residence (green card). Most nonimmigrant visas (B, F, J, TN) require applicants to demonstrate 'nonimmigrant intent' — that they plan to return home. Filing a green card application while on these visas can create complications. The E-2 visa technically does not have explicit dual intent protection, but E-2 holders can pursue green cards through separate pathways like EB-5 or employer sponsorship.

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