4 Reasons To Pursue An H-1B Visa During Trump 2.0
Despite the challenges in securing an H-1B visa lately, the visa classification continues to provide several advantages over other visas during the U.S. lawful permanent residence (Green Card) application process. In contrast to non-dual intent visas like the TN visa, having H-1B visa status during the Green Card process eliminates questions over intent, avoids travel bars, and allows for extensions of visa status.
1. No Intent Issues
Applying for a Green Card while under H-1B visa status eliminates questions over an applicant’s intent during their prior entry to the U.S.
U.S. immigration officials may allege an applicant committed fraud if they believe the applicant had a "preconceived intent" to enter the U.S. under a temporary visa in order to remain permanently in the U.S., e.g. by filing an AOS application shortly after entry.
Under the concept known as “dual intent”, individuals in H-1B (or L-1) visa status can apply for AOS without contradicting the terms of their visa status.
As such, H-1B visa workers are immune from these preconceived intent allegations.
2. No Travel Bar
Holding H-1B (or L-1) visa status allows an individual to travel outside of the U.S. without issue during the AOS green card process.
TN visa, O-1 visa, and other temporary visa holders must file an I-131 application for travel authorization (advance parole) in order to travel outside of the U.S.
Otherwise, USCIS will deny the AOS green card application.
USCIS processing of I-131 applications is extremely delayed resulting in extensive travel bars for non-H-1B/L-1 visa holders.
3. Can Extend Work Authorization
Individuals holding H-1B visa status can continue to extend their H-1B work authorization during the AOS process.
Other workers holding TN visas or other non-dual intent visas may have their attempted extension petitions denied due to immigrant intent.
As a result, these individuals could face a gap in work authorization until USCIS approves either their Employment Authorization Document (EAD) or Green Card.
With some exceptions, engaging in unauthorized employment can lead to a denial of an AOS application.
Under Trump 2.0 policy, USCIS may initiate removal proceedings after the denial.
(H-1B visa workers are limited to a 6-year total period of stay, but if they are pursuing an employment-based Green Card, they may extend their H-1B status beyond that limit until USCIS approves their Green Card.)
4. Less Risk Of Falling Out Of Status
As H-1B visa workers can extend their H-1B status during the AOS process, they are able to maintain their visa status until USCIS approves their Green Card application.
TN visa and other non-dual intent visa workers are at greater risk of falling out of status during the AOS process due to the challenges in extending their visa status.
Falling out of status during the AOS process is dangerous under Trump 2.0 as these applicants may be subject to detention and removal proceedings despite their pending AOS application.
The 2027 Fiscal Year H-1B cap registration process will run from March 4, 2026 until March 19, 2026. Now is the time to get your registration ready for submission with USCIS. For more information on the process and requirements, contact us today.
Learn more about the
H-1B visa requirements and process
U.S. immigration lawyer Brian D. Zuccaro has over 20 years
of experience helping employers and individuals navigate the H-1B visa process.
Contact Us