> It is expressly the statutory policy directed by Congress. Yes, that's what makes the fiction legal. However, the "fiction" part is about prohibiting governm

> It is expressly the statutory policy directed by Congress. Yes, that's what makes the fiction legal. However, the "fiction" part is about prohibiting government agencies from concluding immigration intent based on the application for permanent residency which clearly does show immigration intent. The H1B holders are still technically required to not have immigration intent, and it still technically is a non-immigrant visa, but it's all a fiction in practice.