USCIS Clarifies Dual Intent: What H‑1B & L‑1 Workers Must Know

Added: 2026-05-25

[00:00:00]USCIS just clarified something extremely important and it's being misunderstood everywhere.

[00:00:07]The memo actually acknowledges dual intent visa holders like H-1B and L-1.

[00:00:13]It literally says applying for adjustment of status is not inconsistent with maintaining a dual intent non-immigrant status. In plain English, H-1B and L-1 workers are not the primary target of this memo. Here's why. H-1B and L-1 visas already allow you to have temporary status and plan to immigrate permanently.

[00:00:38]This is written into the law. The memo explicitly carves them out as an exception. Applying for a green card while on H-1B or L-1 is still legally consistent with your visa. But, and this is the part nobody is talking about, the memo adds a warning. Maintaining lawful status in a dual intent category is not enough by itself for a favorable exercise of discretion. Meaning, being on H-1B or L-1 does not guarantee your green card will be approved. Officers still have full discretion. Your immigration history, conduct, and overall records still matter. So, who is this memo really targeting?

[00:01:21]Tourist visas, B-1/B-2.

[00:01:25]Students, F-1.

[00:01:27]Parolees, especially humanitarian parole. Anyone with no dual intent pathway. Anyone who violated status or overstayed this memo. This is aimed at people who entered temporarily without a legal way to show immigrant intent. Not H-1B or L-1 workers. For clear immigration updates without rumors, visit immigrationfleet.com.