[hash872]

It seems like you already understand what dual intent means- it's both a temporary working visa and a path to a Green Card. Yes, the government issues I-140s to H1-Bs, which are another step on the path to a GC. The government has an entire series of steps laid out for H1-B visa holders to follow to get a Green Card. I think just Googling 'H1-B dual intent' is going to give you more info than I could realistically fit in a comment here

[pandaman]

> it's both a temporary working visa and a path to a Green Card.

It's not though. It's a DoS policy wrt of issuing non-immigrant visas.

>Yes, the government issues I-140s to H1-Bs

So? The government issues I-140s to non-H1Bs too. Not having any US visa and never having set foot in the US is "a path to Green Card" if H1B is one too.

>I think just Googling 'H1-B dual intent''

I was hoping you'd do that and find for yourself how wrong you are.

[hash872]

This might not be a fruitful discussion because I get the impression you're a bit ideologically dug in on this. I would like to think my subject matter expertise is reasonably high given that this intersects with my IRL job. But yes:

"Congress enacted INA § 214(b) in 1990, explicitly excluding H-1B visas (under INA § 101(a)(15)(H)(i)) from the presumption that nonimmigrant applicants are intending immigrants. Unlike most nonimmigrant categories requiring proof of no immigrant intent, H-1B omits any foreign residence requirement in its definition, enabling holders to pursue permanent residency without jeopardizing status" https://global.temple.edu/isss/faculty-staff-and-researchers...

"The Immigration Act of 1990 created the modern H-1B program as a "bridge" to green cards, allowing immediate work while navigating permanent residency processes that included labor tests. Senate Judiciary Committee reports emphasized streamlined H-1B procedures without recruitment delays to avoid productivity losses, with senators like Arlen Specter and Slade Gorton highlighting needs for quick access to skilled talent. This dual-intent design responded to prior issues, like the Schwartz case, where immigrant intent prosecutions prompted the 1990 carve-out" https://www.cato.org/blog/why-congress-rejected-h-1b-recruit...

[pandaman]

I am just factually dug on this. You are correct that H1B applicants can intend to immigrate. It's what "dual intent" means. It does not mean the H1B is an immigrant visa or a "path to a Green Card" like you claimed originally. The CATO is not a government and them saying it's a "bridge" is not different than redditors saying so. This is why I asked you for a government statement. There is not one, because it's illegal to immigrate without an immigrant visa, which H1B is not.

[hash872]

"The key move was Congress’s amendment to INA §214(b), the provision that says every visa applicant is presumed to be an intending immigrant unless they prove otherwise. In 1990, Congress inserted an exception for H(i) and L nonimmigrants — i.e., it carved them out of that presumption. The current codification notes still show that this came from Pub. L. 101-649 §205(b)(1)" https://www.justice.gov/sites/default/files/eoir/legacy/2009...

Congress also added INA §214(h). In the 1990 Act, that new subsection said, in substance, that being the beneficiary of a preference petition under §204, or otherwise seeking permanent residence, does not count as evidence that the person intends to abandon a foreign residence for H(i)/L purposes. That is the clearest statutory confirmation of dual intent.

"Congress originally intended H-1B to permit temporary work status while also allowing pursuit of permanent residence. The House Judiciary Committee report reinforces that reading. It had a section titled “Dual Intent” and explained that this problem was especially burdensome for H and L beneficiaries, and that the bill treated the filing of an immigrant petition as not, by itself, proof that the person meant to abandon a foreign residence" (attached link is the legislative history) https://niwaplibrary.wcl.american.edu/wp-content/uploads/HR-...

"Congress added INA §214(h), providing that pursuit of permanent residence “shall not constitute evidence” of abandoning a foreign residence for H(i)/L nonimmigrants" https://www.justice.gov/sites/default/files/eoir/legacy/2009...

"H-1B is “coming temporarily,” while permanent residence is handled through the employment-based immigrant categories in §203(b) and adjustment under §245(a)" https://uscode.house.gov/view.xhtml?req=%28title%3A8+section...

[pandaman]

You asked and LLM but don't seem to be able to understand the reply. Again, you proclaimed that dual intent means something else initially.

>"H-1B is “coming temporarily,” while permanent residence is handled through the employment-based immigrant categories in §203(b) and adjustment under §245(a)"

Exactly! Do you even read what you pasted from the prompt?

[rkomorn]

Dual-intent is much closer to "you are not prevented from applying for permanent residence" than it is to being "a path to a green card".