The Problem With the Dual Intent Status of the H1-B Visa

Executive Summary

  • H1-B visas have a feature called dual intent.
  • This is just one of the many features of the H1-B visa is a problem and leads to abuse of the program.


A major problem with the H1-B visa is that it has a loophole called dual intent. This is explained in the following quotation.

This problem originated in the United States by big Tech. What has become a bigger problem is expectation of permanent residency and citizenship by H1-B candidates. The fact the H1 visa allows for something called dual intent is the beginning of the problem. These visas were meant to be for temporary workers and not a path to citizenship and a lot of “chain immigration”. – Terence Somes

This is something that is little discussed — which is that the H1-B program is entirely misused versus its intent.

How the Dual Intent Aspect of H1-B Has Brought in Attorneys and Indian Staffing Firms

Dual intent brings on lawyers and the charges associated with the long arduous process especially if you are from India. On top of this, it has become an industry by unscrupulous predominantly Indian staffing companies along with a number of Tech Titans whereby innocent workers become indentured servants. – Terence Somes

India is a country with close to no labor protections for employees. It is a country with rampant bonded labor, as we cover in the article How Indian IT is Bringing Bonded Labor to the US. Culturally, Indians have little problems or qualms with bonded labor.

Indians then bring that cultural heritage to the countries where they immigrate.

The Attorney that Represents H1-B Visa Holders Works for Whom?

What most people in America do not know is that employment-based immigration candidates do not have an Attorney. These souls have the Attorney the company they work for has assigned. The Guantanamo Bay detainees had Attorneys but not employment-based immigration candidates. I personally wrote President Obama asking him to allow these candidates to have legal representation but he wrote me back refusing to help. So on this Labor Day weekend think about Liberty, Justice, and Equality for all under the law and just who did what when they had a chance. – Terence Somes

Obama was long term in the pocket of Big Tech. Whenever he would discuss the topic of foreign workers, he would issue all of the standard industry talking points about how US companies needed “skills.” This is a continuation of how Obama functioned as little more than a mouthpiece for his donors — as do all politicians essentially.

Obama also significantly increased the student visas while in office. Student visas like the OPT visa allow the student to work and are programs that are abused by companies like IBM, which we cover in the article How IBM Advertised for OPT Student Visa Holders for Low Paid Jobs.


The dual intent aspect of the H1-B visa converts what began as a visa for foreign workers to work in the US to a visa that is intended by almost all H1-B visa holders to lead to a Green Card and then to citizenship. It is a complete abuse of the visa and is something that is very little known outside of those that study the subject.