The nonimmigrant visa classification covers a broad range of visas for foreign nationals to enter the U.S. for work, pleasure or study. Nonimmigrant visas typically require the foreign national to demonstrate nonimmigrant intent. To satisfy nonimmigrant intent, the foreign national must demonstrate that he/she has a permanent residence in their home country and do not plan on abandoning their residence abroad. The duration of time in nonimmigrant status can vary from a few days to several years, depending on the type of nonimmigrant visa obtained. Spouses and unmarried children under age 21 can usually enter the U.S. in dependent nonimmigrant status to accompany the primary nonimmigrant visa holder.
In very special circumstances, some nonimmigrant visas permit “dual intent.” This means that a foreign national may enter the U.S. with a nonimmigrant visa, but still be permitted to pursue permanent residence (a “green card”) in the U.S. while in that nonimmigrant status. H1-B visas are a common “dual intent” non-immigrant visa category.
Please contact our firm to inquire more about dual intent nonimmigrant visas.