In this article, we discuss non-immigrant visa options for Beneficiaries of U.S. immigrant petitions, including the B1/B2 option.

Immigrant visa for the United States could take anything from around 12 months to several years depending on the immigrant visa category. If the beneficiary of an immigrant petition, be it employment-based(Form I-140) or family-based (Form I-130) is outside of the United States, there may be situations wherein the beneficiary may have to visit the United States for study, work, business, family or a pleasure trip. In such situations, s/he may consider the following options while waiting for the priority date to become current of for a final immigrant interview.

Employment Options

The commonly used work visa in the employment-based category is the H or L visa. Both these categories are considered dual-intent visas and a pending immigrant visa application should not impact the outcome of a non-immigrant visa application if the applicant is qualified for the position offered and meets all other requirements for visa issuance. Dependents of the H and L visas also enjoy the benefit of the doctrine of dual intent.

Business / Pleasure Trips

If the beneficiary of an immigrant petition needs to visit the United States for a short trip during the pendency of an immigrant petition or after the immigrant petition is approved and prior to visa interview, then s/he may apply for a B1/B2 visa. If the applicant can establish non-immigrant intent on the upcoming trip, then at their discretion, the visa officer may approve the B1/B2 visa.

Studying in the U.S.

Beneficiaries of immigrant petitions can still apply for F / M visas. Again, the applicant must be able to clearly establish the non-immigrant intent to overcome the presumption of immigrant intent. It is generally not advisable to apply for J visa since many J visas are subject to the two-year home residency requirement pursuant to INA 212(e) that prevents issuance of an immigrant visa until the applicant meets the two-year home residency requirement or the applicant obtains a waiver. Given the fact F and M visa applicants will have to spend a relatively longer duration in the United States compared with B1/B2 applicants, overcoming the presumption of immigrant intent is more challenging.

Conclusion

While the wait for an immigrant visa abroad is often long, if the applicant needs to make short trips to the United States, the B1/B2 visa to visit is an option. While this could be challenging, if the visa applicant has a genuine reason for travel, one can make a bona fide application. It is important to present all the facts honestly, clearly, and unambiguously to the visa officer. Withholding any material fact or presenting facts incorrectly could result in permanent ineligibility, thereby shutting all the doors to the United States. Attorneys at the Murthy Immigration Services have successfully helped several applicants with their B1/B2, F/M, H and L visas in such situations.