USCIS has clarified that H-1B and L-1 visa holders are not the primary target of the dual intent memo, as these visas already legally permit temporary status with plans for permanent immigration; however, maintaining lawful status alone does not guarantee green card approval, as immigration officers retain full discretion based on the applicant's immigration history and conduct.
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USCIS Clarifies Dual Intent: What H‑1B & L‑1 Workers Must Know本站添加:
USCIS just clarified something extremely important and it's being misunderstood everywhere.
The memo actually acknowledges dual intent visa holders like H-1B and L-1.
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.
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?
Tourist visas, B-1/B-2.
Students, F-1.
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.
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