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.
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.