dual-intent-visaA dual intent visa is a class of visas that allows foreign individuals to enter the United States as a nonimmigrant with the intention of applying for a green card (permanent residence) in the future. A green card (permanent residence) gives an immigrant the right to stay and work in the US permanently. A dual intent visa is granted to an eligible foreign professional or investor, fiancé(e) of a US citizen, and dependent/s of specific visa holders.

The K Visas allow the foreign fiancé(e) or spouse of an American citizen and the children of the fiancé(e) or spouse to enter the US. The O Visas are for extraordinary individuals, their assistants, and their dependents. The H-1B Visa is granted to a foreign employee who is petitioned by an employer to work in the US. The L-2 Visa allows US entry for the spouse and children of managers and executives who are being transferred to the United States. The E-2 Visa is granted to foreign investors who are able to invest substantial capital in a US company. The cost and processing for a dual intent visa vary depending on the type of visa applied for.

What is a Dual Intent Visa?

A dual intent visa is a classification of visas that enables a foreign national to enter the United States as a nonimmigrant while retaining the right to apply for a green card (permanent residence). A green card (permanent residence) is a permit that allows a foreign national to live anywhere in the U.S. permanently. A dual intent visa is given to foreign workers or investors, fiancé(e)s of US citizens, and dependents of specific visa holders who wish to obtain permanent residence in the US.

How Does a Dual Intent Visa Work?

A dual intent visa works by granting a foreign individual a lawful basis to stay in the US while applying for a green card later on. A dual intent visa permits select foreign individuals to have dual intent under the Immigration and Nationality Act.

What are the Advantages of Dual Intent Visa?

A dual intent visa benefits a foreign employee or investor, fiancé(e) of a US citizen, and dependents of specific visas. These are the advantages of having a dual intent visa.

  • A foreign employee does not have to leave the US during the green card application.
  • A foreign visitor with more ties to the US than his/her home country can avoid questions about immigration intent upon arrival in the US.
  • An applicant can continue the processing of adjustment of status even if he/she needs to temporarily leave the US.

What are the Disadvantages of Dual Intent Visa?

A visa being classified as a dual intent has no disadvantages due to that classification. The disadvantages of dual intent visas are specific to the type of visa.

Which Visas are Dual Intent?

A dual intent visa includes specific types of visas which depend on the purpose and circumstances of the foreign national. In the following section, we will get to know the 9 types of dual intent visas.

1. K-1 Visa

The K-1 Visa enables a foreign national fiancé(e) to enter the U.S. to marry an American citizen. The K-1 Visa holder has to be married within 90 days of arrival in the US. A K1 Visa gets you in the US faster than a CR-1 Visa. A CR-1 Visa is an immigrant visa granted to spouses of US permanent residents or citizens. K-1 Visa processing is between 3 to 22 months while CR1 Visa processing is between 12 to 18 months. A K-1 Visa holder is not allowed to work legally in the US. The K1 Visa holder needs to apply for a work permit or adjustment of status after marriage to work legally in the US.

2. O-3 Visa

The O-3 Visa allows the spouse and unmarried children under 21 years old of an O-1 or O-2 Visa holder to come to the US. The O-1 Visa is a nonimmigrant visa granted to foreigners with extraordinary abilities and achievements in the fields of sciences, arts, education, business, and athletics. The O-2 Visa is granted to the assistant/s of the O-1 Visa holder. O3 Visa holders can study part-time or full-time in the US. O-3 Visa holders are not eligible to work legally in the US.

3. H-1B Visa

The H-1B Visa is a temporary nonimmigrant visa that allows US employers to petition for highly educated foreign professionals to work in specialty occupations. Specialty occupations include jobs in the sciences, engineering, technology, math, and medical areas. An H-1B Visa has a three-year initial term that can be extended for a maximum of six years. The number of H1B Visas issued per year is limited to 85, 000, with 20,000 allotted for individuals with a master’s degree or higher.

4. L-2 Visa

The L-2 Visa is a nonimmigrant visa that allows spouses and dependents of L-1 Visa holders to enter the US. The L-1 Visa is available for intracompany foreign transferees who work in managerial and executive positions to enter the United States. L2 Visa holders can work part-time or full-time in the US after getting an Employment Authorization Document (EAD). The L-2 Visa holder must leave the US once the related L1 Visa holder loses his/her status.

5. K-4 Visa

The K-4 Visa is a nonimmigrant visa that enables an unmarried child of a K-3 Visa holder under 21 years old to enter the U.S. The K3 Visa is a nonimmigrant visa that grants entry to the U.S. to the spouse of an American citizen. The K4 Visa holder is eligible to apply for a work permit in the US. The K-4 Visa automatically expires once the holder turns 21 years old.

6. K-2 Visa

The K-2 Visa is a nonimmigrant visa that allows unmarried children of a K-1 Visa holder under the age of 21 to enter the US. A K2 Visa is approved at the same time as the parent’s K1 Visa. The application for K-2 Visa should be submitted no later than one year after the parent’s K-1 visa was issued.

7. O-1 Visa

The O-1 Visa is valid for up to three years, with extensions issued in one-year increments based on need. There is no limit to the number of O1 Visas issued per year. You need to provide evidence of extraordinary abilities and achievements to qualify for the O-1 Visa.

8. K-3 Visa

The K3 Visa allows the foreign spouse to live in the US while waiting for the approval of his/her green card. The K-3 Visa holder can take his/her children to the U.S. under the K-4 Visa. The foreign spouse cannot work legally in the US without an Employment Authorization Document (EAD).

9. E-2 Visa

The E2 Visa is a nonimmigrant visa that allows a citizen of a treaty country to enter the U.S. provided that they make a substantial investment in a U.S. company. A treaty country is a nation that maintains a treaty of commerce and navigation with the US, or with which the US maintains a qualifying international agreement, or which has been designated a qualifying country by law. The E-2 Visa can be applied for by nationals coming from treaty countries including Japan, the United Kingdom, Argentina, Ethiopia, and Australia. The spouses and children of the E2 Visa investor can apply for E-2 nonimmigrant classification as dependents. The dependents are allowed to stay in the US for the approved period of stay of the primary E-2 Visa holder. The investor of the E-2 Visa Program can only work for the US company that he/she has invested in.

Register for One-on-One meeting!

How Much Does a Dual Intent Visa Cost?

The costs for each type of dual intent visa vary.

  • K Visas
    • Petition for Alien Fiancé(e) (Form I-129F) – $535
    • Petition for Alien Relative (Form I-130) – $535
    • Embassy fee- $265
    • Medical examination- $200 (costs can vary per provider)
    • Biometrics Services Fee – $85 if required (ages 14 – 78)
  • O Visas
    • Petition for Non-Immigrant Worker (Form I-129) – $460
    • Online Visa Processing Form (DS-160)-$190
    • O-3 Visa application fee- $190
  • H-1B Visa
    • American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee
      • $750 for employers with 1 to 25 full-time employees
      • $1,500 for employers with 26 or more full-time employees
    • Petition for Non-Immigrant Worker (Form I-129) – $460
    • Fraud Prevention and Detection fee- $500
    • Public Law 114-113 fee (applies to employers with more than 50% employees under H-1B Visa)- $4,000
    • Registration Fee- $10
  • L-2 Visa
    • Application fee – $160
  • E-2 Visa
    • Within the United States
      • Form I-129 – $460
      • Application to Extend/Change Nonimmigrant Status (Form I-539)- $370 for each dependent
    • Outside the United States
      • Online Visa Processing Form (DS-160)-$205
      • Visa issuance fees or reciprocity fees based on your country of origin

How to Apply for a Dual Intent Visa?

There are different steps for each type of dual intent visa application.

  • K-1 Visa and K-2 Visa
  1. File the Petition for Alien Fiancé(e) (Form I-129F). The American fiancé(e) files the Form I-129F.
  2. Go through the needed medical exams.
  3. Complete the Form DS-160.
  4. Attend the interview at the U.S. embassy.
  5. Enter the U.S. within the period indicated on your K1 or K2 visa.
  • K-3 Visa and K-4 Visa
  1. File Petition for Alien Relative (Form I-130). The American spouse files Form I-130 on behalf of his/her foreign spouse.
  2. File Form I-129F. The US citizen spouse files Form I-129F for the K-3 and K-4 applicants.
  3. Complete Form DS-160.
  4. Attend the interview in the US embassy or consulate of the applicant’s home country.
  • O-1 Visa and O-3 Visa
  1. File Form I-129. The sponsoring employer files Form I-129 on behalf of the applicant.
  2. Complete Form DS-160 for each applicant.
  3. Pay the O1 Visa fees for each applicant.
  4. Schedule an appointment for a visa interview at the nearest US Embassy or consulate.
  5. Attend the visa interview and submit documents to prove eligibility for the O-1 Visa.
  • H-1B Visa
  1. Find an employer who will sponsor the H1B Visa.
  2. File an H-1B petition. The sponsoring employer files the H-1B Visa application for the foreign employee.
  3. Submit a Labor Conditions Approval (LCA).
  4. Submit Form I-129.
  5. Complete the H1B Visa application at a U.S. embassy or consulate.
  6. Fill out Form DS-160.
  7. Submit the required documents for H1B Visa.
  8. Attend the H1B interview
  • L-2 Visa
  1. Submit Form DS-160.
  2. Pay the visa application fee.
  3. Schedule a consular interview appointment.
  4. Submit the required documents.
  5. Attend the L2 Visa interview.
  • E-2 Visa
  1. Fill out DS-160.
  2. Pay the application fee.
  3. Schedule your visa interview.
  4. Prepare the required documents.
  5. Attend your E2 visa interview.

How Long is the Process of Dual Intent Visa?

The processing time differs for each type of dual intent visa applied for.

  • K-1 Visa, K-2 Visa- 3 to 22 months
  • K-3 Visa, K-4 Visa – 3 to 13 months
  • O-1 Visa, O-3 Visa – 2 to 3 months
  • H-1B Visa – 6 months to 1 year
  • L-2 Visa – 15 days to 1 month
  • E-2 Visa – 2 weeks to 4 months

What are the Requirements for a Dual Intent Visa?

These are the documents required for all types of dual intent visa applications.

  • The Online Visa Processing Form (DS-160).
  • A valid passport.
  • Photo ID taken within 6 months from the date of application.
  • Receipt of payment for the visa application.
  • Social media accounts for the past five years including a list, name of account/s, social media history, email, and phone number.
  • Invitation letter from a U.S. citizen or permanent resident.
  • Sponsorship documents such as an employment letter.
  • Travel itinerary showing what the applicant will be doing in the U.S. including flight reservations, hotel, and other accommodations.
  • Banking statements.
  • Property documents including proof of ownership.
  • Family documents such as birth or marriage certificates.
  • Medical documentation including a letter from a physician or any medical reports from the medical exam.

These are the documents specific to an E2 Visa application.

  • Nonimmigrant Treaty Trader/Treaty Investor Application (Form DS-156E) if you are an executive, manager, or essential employee.
  • Proof that the business you will invest in is real including business licenses, financial statements, tax returns, and contracts with employees and customers.
  • Proof that your investment is substantial. Investment proofs include personal or bank statements, license or registration documents for the business, and a business plan.

Can an Immigration lawyer Speed Up the Process of Dual Intent Visa?

No, an immigration lawyer cannot speed up the processing of your dual intent visa. An immigration lawyer can advise you on the best course of action in line with your circumstances. An Immigration Lawyer (Attorney) guides you through the processing and application of your dual intent visa to avoid errors and delays.