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Comment by rmk | Hacker News Reader

H1B is classified as a dual-intent visa; as such it explicitly acknowledges that people who obtain this visa may have be allowed to immigrate into the country subject to certain conditions.

http://www.americanlaw.com/dintent.html

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I am aware, but dual intent means just that. Until they file for a green card, their intent isn't known and calling them immigrants is wrong. They are not immigrating. Although they may, if they choose to.

Many people seem to be confused and think the "intent" applies to the visa itself, not the applicant. I.e. it's issued with a dual intent for both non-immigrant status and immigrant status or something like that.

The rule that the article talks about is only valid for folks that have already filed for green cards(thus expressing intent to immigrate) and been on work visa for 6 years+. They would be immigrants if not for the extremely long wait list.

This "wait list" is created by the law. Congress has set the number of immigrant visas ("green cards") to be issued each year. Since there are more people than visas available - some people are not getting them and, thus, do not become immigrants. It's not some kind of bureaucratic snafu with the paperwork stuck in some desk somewhere - this is by law. So they would be immigrants only if the law was different somehow.

All that dual intent acknowledges is that people, who obtain such a visa may have an intention to immigrate and still be allowed to get such a visa. It does not grant any immigration benefits.

>It does not grant any immigration benefits.

Red herring. He made no such claim. Dual intent acknowledges that these people aren't just visitors, they may stay forever.

It does not. But we already had an argument where you've shown the absolute lack of knowledge of the US immigration.

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