Introduction to Dual Intent Visas in Canada

Dual intent visas are a complex and often misunderstood aspect of immigration law, particularly for those seeking to work in Canada. This article aims to provide a comprehensive overview of dual intent visas, focusing on the nuances of temporary nonimmigrant intent and pathways to permanent residency.

Understanding Temporary Nonimmigrant Intent

Temporary nonimmigrant intent is a critical component of dual intent visas. This concept is particularly relevant for professionals from Canada and Mexico who apply for TN visas under the USMCA (formerly NAFTA)[1].

Definition of Temporary Nonimmigrant Intent

Temporary nonimmigrant intent means that the applicant visa online casino must demonstrate their stay in the U.S. is temporary and that they do not intend to establish permanent residence at the time of their application. This is outlined in 9 FAM 402.17 and INA 214(b)[1].

Key Points About Temporary Nonimmigrant Intent

• No Automatic Negation of Intent : The filing or approval of an immigrant petition does not automatically negate an applicant’s temporary nonimmigrant intent. The possibility of future immigration does not interfere with the temporary nature of a TN visa holder’s initial entry into the U.S.[1].
• Pathways to Permanent Employment : While entry under a TN-1 or TN-2 visa must be with temporary intent, this does not preclude the holder from changing their intentions later. Many TN visa holders transition to permanent roles after an employer offers a permanent position. Common methods include marriage to a U.S. citizen or the permanent labor certification process (PERM), facilitating a smooth transition from nonimmigrant to immigrant status[1].

Dual Intent in H-1B Visas

Unlike TN visas, H-1B visas are recognized as having "dual intent." This means that an H-1B visa holder can legally pursue permanent residency (a green card) while still being a holder of the H-1B visa[3].

Definition of Dual Intent

Dual intent refers to the ability of an individual to hold both nonimmigrant and immigrant intentions simultaneously. This is a unique characteristic of the H-1B visa program, allowing employers to sponsor green card applications for their employees while they are still on an H-1B visa[3].

Key Points About Dual Intent in H-1B Visas

• Employment Requirements : A person in H-1B status must remain employed by their sponsoring employer to maintain their visa status. If employment ends, the individual must either leave the United States, seek a change of status, or obtain a new H-1B sponsorship. As of 2017, USCIS implemented a grace period of up to 60 days following employment termination, during which the individual may remain in the United States to seek new employment or file for a change of status[3].
• Transitioning to Permanent Residency : Historically, the employment-based green card process used to take only a few years, less than the duration of the H-1B visa itself. However, the Trump administration expressed its dislike of the use of the H-1B visa as a pathway to permanent residence, leading some individuals to pursue alternatives like the EB-5 visa[3].

Pathways to Permanent Residency in Canada

Canada offers several pathways for temporary foreign workers to transition to permanent residency, reflecting a broader trend in immigration policies aimed at retaining skilled talent.

International Mobility Program (IMP)

The IMP allows employers to hire foreign workers without needing a labour market impact assessment (LMIA). This program covers various categories, including workers under the Canada-United States-Mexico Agreement, transfers within a company, internship programs, and International Experience Canada[5].

Provincial and Federal Jurisdiction

In Quebec, immigration falls under both provincial and federal government jurisdiction. The province has sole responsibility for selecting its economic immigrants, while the federal government handles family class admissions and refugee status[5].

Measures and Programs for Immigration

To facilitate the transition from temporary to permanent residency, the federal and provincial governments have introduced several measures and programs. These include the Canada–Québec Accord relating to Immigration and Temporary Admission of Aliens (1991), which gives Quebec sole responsibility for selecting its economic immigrants[5].

Comparison of Dual Intent Policies

While both TN and H-1B visas have their own set of rules regarding dual intent, there are significant differences in how these policies are applied.

TN Visa vs. H-1B Visa

• Temporary Nonimmigrant Intent : The TN visa requires a demonstration of temporary nonimmigrant intent, whereas the H-1B visa allows for dual intent[1][3].
• Employment Requirements : H-1B visa holders must remain employed by their sponsoring employer to maintain their visa status, whereas TN visa holders do not have such strict employment requirements[1][3].

Conclusion

Dual intent visas in Canada and the U.S. offer unique pathways for professionals to transition from temporary nonimmigrant status to permanent residency. Understanding the nuances of temporary nonimmigrant intent and dual intent is crucial for maintaining compliance and achieving long-term career objectives. While the H-1B visa allows for dual intent, the TN visa requires a demonstration of temporary nonimmigrant intent. Both visas offer opportunities for skilled workers to contribute to their respective economies, but the specific requirements and pathways differ significantly.

References

• [1] Richards and Jurusik Immigration Law. (2025-01-08). What is Temporary Intent for TN Visa Status.
• [3] Wikipedia. (2025-01-06). H-1B visa.
• [5] Government of Canada. (2025-01-10). Pathways to Permanent Residency for English-Speaking Skilled Temporary Foreign Workers in Quebec.

Additional Resources

For those interested in learning more about dual intent visas, the following resources are recommended:

• Richards and Jurusik Immigration Law : Provides detailed information on TN visa requirements and the implications of temporary nonimmigrant intent[1].
• USCIS : Offers comprehensive guidelines on H-1B visas, including the process for transitioning to permanent residency[3].
• Government of Canada : Provides insights into the pathways for temporary foreign workers to become permanent residents in Canada[5].