It's not though. It's a DoS policy wrt of issuing non-immigrant visas.
>Yes, the government issues I-140s to H1-Bs
So? The government issues I-140s to non-H1Bs too. Not having any US visa and never having set foot in the US is "a path to Green Card" if H1B is one too.
>I think just Googling 'H1-B dual intent''
I was hoping you'd do that and find for yourself how wrong you are.
"Congress enacted INA § 214(b) in 1990, explicitly excluding H-1B visas (under INA § 101(a)(15)(H)(i)) from the presumption that nonimmigrant applicants are intending immigrants. Unlike most nonimmigrant categories requiring proof of no immigrant intent, H-1B omits any foreign residence requirement in its definition, enabling holders to pursue permanent residency without jeopardizing status" https://global.temple.edu/isss/faculty-staff-and-researchers...
"The Immigration Act of 1990 created the modern H-1B program as a "bridge" to green cards, allowing immediate work while navigating permanent residency processes that included labor tests. Senate Judiciary Committee reports emphasized streamlined H-1B procedures without recruitment delays to avoid productivity losses, with senators like Arlen Specter and Slade Gorton highlighting needs for quick access to skilled talent. This dual-intent design responded to prior issues, like the Schwartz case, where immigrant intent prosecutions prompted the 1990 carve-out" https://www.cato.org/blog/why-congress-rejected-h-1b-recruit...
Congress also added INA §214(h). In the 1990 Act, that new subsection said, in substance, that being the beneficiary of a preference petition under §204, or otherwise seeking permanent residence, does not count as evidence that the person intends to abandon a foreign residence for H(i)/L purposes. That is the clearest statutory confirmation of dual intent.
"Congress originally intended H-1B to permit temporary work status while also allowing pursuit of permanent residence. The House Judiciary Committee report reinforces that reading. It had a section titled “Dual Intent” and explained that this problem was especially burdensome for H and L beneficiaries, and that the bill treated the filing of an immigrant petition as not, by itself, proof that the person meant to abandon a foreign residence" (attached link is the legislative history) https://niwaplibrary.wcl.american.edu/wp-content/uploads/HR-...
"Congress added INA §214(h), providing that pursuit of permanent residence “shall not constitute evidence” of abandoning a foreign residence for H(i)/L nonimmigrants" https://www.justice.gov/sites/default/files/eoir/legacy/2009...
"H-1B is “coming temporarily,” while permanent residence is handled through the employment-based immigrant categories in §203(b) and adjustment under §245(a)" https://uscode.house.gov/view.xhtml?req=%28title%3A8+section...
>"H-1B is “coming temporarily,” while permanent residence is handled through the employment-based immigrant categories in §203(b) and adjustment under §245(a)"
Exactly! Do you even read what you pasted from the prompt?