All nonimmigrant visa applicants are subject to the presumption of immigrant intent pursuant to INA §214(b). The applicants must evidence strong family, financial, business and/or employment ties to their home country and demonstrate an intention to return to residence abroad to overcome this presumption.

However, H1B and L-1 visa applicants are expressly exempted from this presumption. The exemption of H1B and L-1 nonimmigrants from the presumption of immigrant intent was introduced under §205(b)(1) of the Immigration Act of 1990 (“IMMACT 90”), which became effective on October 1, 1991. While the requirement to maintain an unabandoned foreign residence abroad never applied to L-1 nonimmigrants, §205(e) of IMMACT 90 eliminated the foreign residence requirement for H1B nonimmigrants. Under the Immigration and Nationality Act, an L-1 visa application cannot be denied by a consular officer based on the applicant having an immigrant petition pending / approved, indicating the applicant has expressed intention to permanently migrate to the United States. This is called doctrine of “dual intent”. These visa applicants need not prove that they have intention to return to their home country.

Additionally, some visa categories, like E, O-1, and P-1, are not expressly exempted from the presumption of immigrant intention under the Immigration and Nationality Act, but the regulations pertaining to adjudication of these applications are quasi-dual intent. Such an applicant is entitled to receive a visa even if the person travels to the U.S., abandons their residence in their home country, or has an immigrant petition pending / approved.

It is important for applicants to understand that H1B/L-1 and their corresponding dependents are not subject to the presumption of immigrant intent to receive the visa.