What is “Immigrant Intent”?

Single intent and dual intent visas are two types of U.S. visa categories, differing mainly in the intentions the visa holder can have while in the United States.

A single intent visa allows the holder to enter the U.S. temporarily, with the understanding that they intend to return to their home country after their authorized stay. These visas require applicants to prove they have no intention of immigrating, or remaining permanently in the U.S. Common examples include tourist visas (B-1/B-2) and student visas (F-1). Applicants must demonstrate ties to their home country, such as a job, family, or property, to show they plan to leave the U.S. when their visa expires. For nationals of many countries, it is very difficult to establish non-immigrant intent and thus their visas are denied.

In contrast, a dual intent visa permits the visa holder to enter the U.S. temporarily but also allows them to apply for permanent residency (a green card) if they choose. Holders of dual intent visas can live in the U.S. with temporary status while pursuing a long-term goal of permanent residency. Examples of dual intent visas include the H-1B (for specialty workers) and L-1 (for intra-company transferees).

In summary, the key difference lies in the visa holder’s intentions: single intent visas prohibit intentions of permanent residency, while dual intent visas allow for both temporary stay and potential future immigration.

How Do You Prove Non-immigrant Intent?

To prove nonimmigrant intent on a visa application, applicants must demonstrate strong ties to their home country, showing they plan to return after their temporary stay in the U.S. This can be done by providing evidence such as:

  • Stable employment in the home country
  • Family ties (spouse, children, or dependent relatives)
  • Ownership of property or a business
  • Financial assets and obligations like loans or contracts
  • Additionally, applicants should present travel plans, a return ticket, and documentation of their purpose in the U.S. to further support their intention to leave after their authorized stay.

If you are considering applying for a visitor visa or student visa and are concerned about your ability to establish nonimmigrant intent, contact us online at the Law Office of Gregory J. Eck, LLC. We may be able to help.