Re:H-1B Models Strut Into U.S. as Programmers Pray for Help
by saffer on Monday May 20, 2013 @05:02AM
(#5736661)
Due to a combination of long processing times for green cards, and the legal notion of "immigrant intent", H1-B is commonly used as a bridge to a green card.
Any US visa which isn't a green card (e.g. tourist visas, student visas) is considered a non-immigrant visa. You can only apply for, and enter on a non-immigrant visa if you don't have immigrant intent. If an international student, for example, applies for a green card, this shows immigrant intent and they could find it difficult to renew their student visa or even to re-enter the US after traveling.
Obviously this wouldn't be a problem if the green card itself were quickly approved, but the process is bureaucratic and can take years even for people with advanced degrees.
H1-B visas, on the other hand are one of the few visa classes that allow "dual intent", meaning that while they're non-immigrant visas, H1-B holders are also allowed immigrant intent. Which makes it a good visa to have before starting the green card process, if you want to be able to travel (e.g. to visit family) while your application is pending.
Any US visa which isn't a green card (e.g. tourist visas, student visas) is considered a non-immigrant visa. You can only apply for, and enter on a non-immigrant visa if you don't have immigrant intent. If an international student, for example, applies for a green card, this shows immigrant intent and they could find it difficult to renew their student visa or even to re-enter the US after traveling.
Obviously this wouldn't be a problem if the green card itself were quickly approved, but the process is bureaucratic and can take years even for people with advanced degrees.
H1-B visas, on the other hand are one of the few visa classes that allow "dual intent", meaning that while they're non-immigrant visas, H1-B holders are also allowed immigrant intent. Which makes it a good visa to have before starting the green card process, if you want to be able to travel (e.g. to visit family) while your application is pending.