Can an H-1B worker apply for U.S. Permanent Residence?

Yes. Most nonimmigrants must overcome a presumption that they intent to reside permanently in the U.S. before they may be issued a nonimmigrant visa. H-1B workers do not need to meet this requirement because they are allowed to have “dual intent.” Dual intent is a concept under the immigration laws that permits some foreign nationals, including H-1B workers, to come to the U.S. on a nonimmigrant visa while intending to seek U.S. permanent residence. Therefore, an H-1B worker may apply for an immigrant visa without threatening his or her nonimmigrant status or ability to obtain an extension of nonimmigrant H-1B status.

Should you have any questions regarding your immigration matters, please contact the experienced immigration attorneys of Garg & Associates at 562-590-7300 or call our toll-free number at 877-517-4275. You can also submit an inquiry through our Long Beach Immigration Online Inquiry.