Dual Intent

The Dual Intent Doctrine states that those who enter the United States must prove that they do not deliberately intend to immigrate to the United States while maintaining non-immigrant status.

This means that in order to extend a non-immigrant visa, such as B, F, H, J, L, O, P, TN; one must demonstrate that they do not intend to become an immigrant.

One who has the intent to immigrate is someone who comes to the USA for an unspecified amount of time.

The burden of proof is on the traveler; it is the traveler who is responsible for proving that they do not have dual intent.

The immigration authority automatically assumes that every traveler has the intent to immigrate, and it is the burden of the traveler to prove that they do not intend to become an immigrant.

It is complicated to verify that one does not have dual intent, especially if the traveler is not prepared.

You can verify that you do not have the intent to immigrate, by showing that you maintain residence abroad.
When the Dual Intent Doctrine is not applicable:

Non-immigrant Visa Categories that do not need to adhere to the Dual Intent Doctrine

H-1 Non-immigrant Status:
This is also the case for H-4 dependents.
Those who have H-2 or H-3 Visa status must adhere to the Dual Intent Doctrine.
§205(e) des IMMACT 90 eradicates the need to maintain a home abroad for H-1 holders.
Based on §205(e) of IMMACT 90 and 8 CFR §214.2(h)(16)(i) the acceptance of a Labor Certification or the filing of a Preference Petition or a Change of Status will not lead to the refusal of an H-1 petition.

L-Non-immigrant Status:
According to the law, the Dual Intent Doctrine is not applicable.

E-Non-immigrant Status:
According to the definition of the E visa category, found in INA §101(a)(15)(E). INA §101(a)(15)(E) one who has E status, must not prove that they have a home abroad, nor must they show that they have given that home up.

O-1 Non-immigrant Status:
It appears that the Dual Intent Doctrine does not apply to O-1 visa holders. In §214.2(o)(13) the law explains that the acceptance of a Labor Certification or the filing of a Preference Petition or a Change of Status will not lead to the refusal of an 0-1 application. However, this does not apply to O-2 visa applicants.

P-Non-immigrant Status:
Those who apply for P-status are also not required to adhere to the Dual Intent Doctrine. According to 8 CFR 214.2(p)(15) the acceptance of a Labor Certification or the filing of a Preference Petition or a Change of Status will not lead to the refusal of an 0-1 application. However, this does not apply to O-2 visa applicants.
Non-immigrant Visa Categories that vary with regard to the applicability of the Dual Intent Doctrine

B-1 and B-2 visa holders

TN visa holder:
Many argue that the Dual Intent Doctrine is not applicable to TN visa holders, the law does not specifically express that one must hold residency abroad. To be certain, it is best to adhere to the Dual Intent Doctrine.