Re:Back to India
by throwaway_1928 on Saturday April 09, 2022 @02:19PM
(#30970539)
"In addition, INA 214(h) provides that an H-1B nonimmigrant may have "dual intent," i.e., the fact that an H-1B nonimmigrant has sought permanent residence in the United States or will be seeking such status in the future does not preclude him or her from obtaining or maintaining H-1B nonimmigrant status. The applicant may legitimately come to the United States as a nonimmigrant under the H-1B classification and depart voluntarily at the end of his or her authorized period of stay, and, at the same time, lawfully seek to become a permanent resident of the United States without jeopardizing H-1B nonimmigrant status. Consequently, your evaluation of an applicant’s eligibility for an H-1B visa must not focus on the issue of immigrant intent." [1]
https://www.dol.gov/agencies/whd/immigration/h1b
"The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States."
At least according to the U.S. government's Department of Labor, H-1B is a nonimmigrant visa, offering temporary employment, for specialty occupations that cannot be found in the U.S. workforce. That said, it is highly likely there is some other official government source backing up your claim that it (as you quote from somewhere) "allows foreigners to be temporarily present in the U.S. with lawful status and immigrant intent". The U.S. government has a reputation for providing conflicting information!