H1B Visa Fraud

H-1B and intent to immigrate permanently[edit]

Even though the H-1B visa is a non-immigrant visa, it is one of the few temporary visa categories recognized as dual intent, meaning an H-1B holder could legally have an immigration intent (apply for and obtain the green card) while still being a holder of the H-1B visa.[36] However, this was only allowed in special cases by the USCIS, such as EB-1 visas. Effectively, the non-immigrant visa may eventually lead to permanent residence; companies often support it for cheap labor with the agreement to support the employee with green card petitions.[37][38][39][40]

In the past, the employment-based green card process used to take only a few years, less than the duration of the H-1B visa itself because requirement to maintain a foreign address for this non-immigrant classification was removed in the Immigration Act of 1990.[41] The Trump administration expressed its dislike of the use of the H-1B visa, a nonimmigrant visa, as a pathway to permanent residence, and it has said it intends to restructure the immigration/permanent residence pathway with efficient systems such as Points-based immigration system.[42][43][44] In apparent response, some green card seekers look to alternatives, like the EB-5 visa, which offers better prospects for permanent immigration than the H-1B visa.[45] As a response to the abuse of H-1B visas, groups like Progressives for Immigration Reform advertised opposition posters throughout San Francisco's Bay Area Rapid Transit (BART) stations and trains.[46]

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