Introduction

Filing Form I-140 under the EB-2 National Interest Waiver (NIW) category signals that you hope to become a U.S. permanent resident in the future. At the same time, many professionals need to travel to the United States for conferences, market visits, or family events on a short-term B-1/B-2 visa. This article clarifies how the concept of “immigrant intent” works in practice, why an I-140 alone rarely blocks B-1/B-2 travel, and which red flags consular officers look for during interviews.

1. Immigrant Versus Non-immigrant Intent: The Legal Framework

Under U.S. immigration law , every applicant for a non-immigrant visa is presumed to be an intending immigrant until they rebut that presumption. Filing Form I-140 does create evidence of future immigrant intent, but it is considered “latent” or “contingent” intent because the petition does not, by itself, grant any right to enter, work, or reside in the United States.

Key points

• Limited scope: The approved I-140 only establishes eligibility to apply for an immigrant visa or adjustment of status in the future, nothing more.

• Dual intent not recognised for B-1/B-2: Unlike the H-1B or L-1 categories, B-1/B-2 visas do not permit dual intent. You must therefore prove that your intended stay is temporary each time you apply or enter.

• Consistency matters: All declarations on Form DS-160, at a consular interview, or to Customs and Border Protection must be consistent with the temporary purpose you describe.

2. Applying for or Renewing a B-1/B-2 After Filing an I-140

Thousands of NIW applicants successfully obtain or renew tourist visas every year. Consular officers generally focus on three questions:

1. Why apply for a non-immigrant visa now?
   Be prepared to explain legitimate short-term reasons: attending industry events, negotiating contracts, or visiting family.

2. Do you maintain strong ties abroad?
   Evidence such as full-time employment, property ownership, ongoing academic enrolment, or close family in your home country helps rebut INA 214(b).

3. Is the trip clearly limited in scope and duration?
   Provide an agenda, hotel bookings, or conference invitations to show that your stay is finite and purposeful.

Practical documentation tips

• Latest payslips or employer letters confirming leave of absence.

• Proof of property title or long-term lease.

• Return flight itineraries and event registrations.

• Bank statements demonstrating the financial ability to fund the trip.

3. Using a B-1/B-2 While an I-140 Is Pending or Approved

Border inspection
Even with a valid visa, the final decision to admit rests with CBP. Officers will review your travel history, permanent-residence filings, and the declared purpose of the visit. Present concise, truthful answers consistent with your DS-160 and carry supporting evidence in hand luggage.

Common scenarios

4. When Things Change: Filing Form I-485

Once you submit Form I-485 (Adjustment of Status) inside the United States, active immigrant intent is established:

• Departing without Advance Parole (Form I-131) generally abandons the I-485.

• Attempting to re-enter on a B-1/B-2 while the adjustment is pending can be considered misrepresentation and may result in denial or expedited removal.

Best practice: Secure Advance Parole before any trip or wait until your green card is issued.

5. Checklist: Staying Compliant and Minimising Risk

1. Maintain thorough records of your ongoing employment, property, and family ties abroad.

2. Be transparent during every visa interview and at the port of entry. Inconsistencies are a primary cause of refusals.

3. Carry evidence of the temporary nature of each visit: agendas, hotel bookings, return tickets.

4. Avoid overstays or status violations. Exceeding authorised stay undermines future visa credibility.

5. Use Advance Parole instead of a tourist visa once an I-485 is on file.

Frequently Asked Questions

Q: Does an I-140 guarantee that my B-1/B-2 will be approved?
No. Approval still hinges on demonstrating non-immigrant intent for that specific trip.

Q: Can I attend business meetings related to my NIW endeavour on a B-1?
Yes, as long as activities fit the permissible business-visitor scope (negotiations, conferences, site visits) and do not constitute productive U.S. employment.

Conclusion

Filing an EB-2 NIW I-140 signals future immigration plans but, by itself, rarely blocks legitimate short-term travel on a B-1/B-2 visa. The decisive factor is whether you convincingly show that each visit is temporary and that robust ties will pull you back home. Once you progress to Form I-485, switch to Advance Parole for international travel to protect your pending adjustment.

This article is for informational purposes only and does not constitute legal advice.

How DAL Global Partners Can Help

At DAL Global Partners we combine strategic business-plan expertise with a thorough understanding of U.S. immigration procedures. We collaborate with professionals and law firms worldwide to:

• Craft NIW-compliant business plans that strengthen the “well-positioned” prong.

• Provide market analyses and financial projections that underscore the economic merit of your endeavour.

• Offer clear guidance on how each immigration step, from I-140 to Advance Parole, fits into your broader relocation strategy.