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Re:Trump administration announces overhaul of H1B visa progr... by foldr on Wednesday October 07, 2020 @03:13PM (#24711578)
>For all visa applicants, including H1B, there is a presumption that the person is an immigrant, and they cannot obtain non-immigrant visas until they convince the admission officer of their non-immigrant intent, see section 214(b) of INA. Crucially, you need to argue that you have no intention to abandon your foreign residence. Dual intent have nothing to do with it, this is true for all kinds of visas.

I don't think this is right. Section 214(b) indeed says that there is a presumption of immigrant intent, but for dual intent visas, such as the H1-B, it's not necessary to demonstrate that you don't have immigrant intent.

It also seems wrong that applying for a green card could ever not constitute evidence of immigrant intent. Do you have a citation for that?

Re:Trump administration announces overhaul of H1B visa progr... by xyzzyz on Wednesday October 07, 2020 @05:03PM (#24712706)
> but for dual intent visas, such as the H1-B, it's not necessary to demonstrate that you don't have immigrant intent.

In practice, no, but that's not what "dual intent" legally means.

> It also seems wrong that applying for a green card could ever not constitute evidence of immigrant intent. Do you have a citation for that?

I did not say anything about "could not ever". I guess you could maybe interpret it this way, but if you actually followed the citation I gave, it would have been clear to you. What I meant was that the section 205b of Immigration Act of 1990, which is the legal basis of "dual intent" policy, explicitly amends section 214b of INA, to remove permanent residency application as acceptable evidence for the purpose of establishing immigration intent in context of section 214b.

Re:Trump administration announces overhaul of H1B visa progr... by foldr on Wednesday October 07, 2020 @05:38PM (#24713040)
I'm surprised how different this is from all the secondary information out there, but ok, you're right. Thanks for the info. (I said "could ever not", not "could not ever", but that's a moot point now.)
Re:Trump administration announces overhaul of H1B visa progr... by xyzzyz on Wednesday October 07, 2020 @11:43PM (#24715510)
> I'm surprised how different this is from all the secondary information out there, but ok, you're right.

The secondary information is more useful in practice, because it represents the actual practice, not legal theory.

> I said "could ever not", not "could not ever", but that's a moot point now.

Ah, sorry, I misread, it's my bad.