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What is a dual intent employment visa?

When a foreign national enters America, they are most likely either entering with the intent to immigrate into the country or as a nonimmigrant. For example, someone in California on a visitor visa has demonstrated to the necessary officials that he or she qualifies for a nonimmigrant visa in that they do not want to permanently immigrate and will only visit the country temporarily. Without establishing this intent, it is often difficult for foreigners to get a nonimmigrant visa.

There are however situations in which someone can enter the country as a nonimmigrant and yet retain the option to apply for a permanent visa in the future. An L-1A visa of such a nature-it establishes dual intent. It allows an American employer to transfer either a manager or an executive from a foreign affiliated office to an office in the country. Even companies that do not yet have an office in America can send an executive or a manager to the country to establish an office there.

The U.S. Citizenship and Immigration Services department has comprehensive regulations about employer and employee qualifications for this visa category. For example, the employee in question must have been working for the qualifying organization for a continuous year in the three years preceding his or her admission and must be entering the country to provide either a managerial or executive service. These terms are also defined by USCIS.

In order to qualify for this visa category, it is important to understand the applicable employer and employee regulations. Since dual intent visas do not undergo the same scrutiny as other visa categories, there is often a backlog in petitions. Any inaccuracy or mistake in the application could end up delaying one's ability to legally enter the county. An experienced attorney may be consulted for guidance on how to complete one's paperwork accurately and efficiently.

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