5 ms·

H-1B is dual-intent. https://en.wikipedia.org/wiki/Dual_intent https://en.wikipedia.org/wiki/Dual_intent

by abc_lisper 7y ago

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tbyehl 7y ago
It became dual-intent, which lead to everyone's intent becoming to immigrate, which has lead to incredibly long processing times... https://en.wikipedia.org/wiki/Immigration_Act_of_1990 https://en.wikipedia.org/wiki/Immigration_Act_of_1990
- stbernardlove 7y ago
  Can you explain how is anyone supposed to convince a US company to spend 2 years and tens of thousands of dollars to sponsor a candidate for an immigrant visa WHILE THEY ARE STILL IN THEIR HOME COUNTRY? For real though, name me a company that hired someone knowing they couldn't start for 2 years, while they get PERM, i-140 etc.
- tbyehl 7y ago
  I'm taking downvotes here and up there... but people are missing the point. H1-B became a trap because of dual-intent. Someone who always intended to leave the US, as H1-B requires, shouldn't be too bothered that they can't (easily) switch jobs, that a job loss could send them home sooner than anticipated, and they shouldn't have to accept substandard wages or housing or any other body shop abuses we hear about... because they can always just go home, like they'd always intended and should have planned for. Dual-intent baited people to come here on H1-Bs on the assumption that they'll eventually get permanent residency, bring their family over, attain citizenship. Plenty of people risk their lives to get here with no hope of citizenship; putting up with body shop abuses on a path to citizenship is minor in comparison, a lot like staying at a job you've come to dislike to run out the vesting clock. And H1-B is such effective bait because the rest of our immigration policy is screwed up and discriminatory.
rayiner 7y ago
Dual intent is a weird and subtle aspect of immigration law. It does not mean that the H1-B visa itself is dual intent, available for people with immigrant intentions. The H1-B visa still requires intent to return to your home country. 8 USC 1184(h) allows the H1-B visa holder to be dual intent: > The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c), (L), or (V) of section 1101(a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States. It says that the fact that you’ve filed for permanent residency will not be deemed to undermine the non-immigrant intent requires for the H1-B. But the H1-B remains a non-immigrant, temporary visa. Contrast with say the Canadian skilled worker program, which results in permanent residency at the time of immigration.

H-1B is dual-intent. https://en.wikipedia.org/wiki/Dual_intent https://en.wikipedia.org/wiki/Dual_intent

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deleted 7y ago

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tbyehl 7y ago

It became dual-intent, which lead to everyone's intent becoming to immigrate, which has lead to incredibly long processing times... https://en.wikipedia.org/wiki/Immigration_Act_of_1990 https://en.wikipedia.org/wiki/Immigration_Act_of_1990

stbernardlove 7y ago
Can you explain how is anyone supposed to convince a US company to spend 2 years and tens of thousands of dollars to sponsor a candidate for an immigrant visa WHILE THEY ARE STILL IN THEIR HOME COUNTRY? For real though, name me a company that hired someone knowing they couldn't start for 2 years, while they get PERM, i-140 etc.
tbyehl 7y ago
I'm taking downvotes here and up there... but people are missing the point. H1-B became a trap because of dual-intent. Someone who always intended to leave the US, as H1-B requires, shouldn't be too bothered that they can't (easily) switch jobs, that a job loss could send them home sooner than anticipated, and they shouldn't have to accept substandard wages or housing or any other body shop abuses we hear about... because they can always just go home, like they'd always intended and should have planned for. Dual-intent baited people to come here on H1-Bs on the assumption that they'll eventually get permanent residency, bring their family over, attain citizenship. Plenty of people risk their lives to get here with no hope of citizenship; putting up with body shop abuses on a path to citizenship is minor in comparison, a lot like staying at a job you've come to dislike to run out the vesting clock. And H1-B is such effective bait because the rest of our immigration policy is screwed up and discriminatory.

rayiner 7y ago

Dual intent is a weird and subtle aspect of immigration law. It does not mean that the H1-B visa itself is dual intent, available for people with immigrant intentions. The H1-B visa still requires intent to return to your home country. 8 USC 1184(h) allows the H1-B visa holder to be dual intent: > The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c), (L), or (V) of section 1101(a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States. It says that the fact that you’ve filed for permanent residency will not be deemed to undermine the non-immigrant intent requires for the H1-B. But the H1-B remains a non-immigrant, temporary visa. Contrast with say the Canadian skilled worker program, which results in permanent residency at the time of immigration.