Comment by declan_roberts
14 hours ago
Nobody would care about this if it didn't affect H1B. The confusion is whether h1b is a temporary visa or some kind of stepping stone. According to the immigration act of 1990 and US law it's a temporary visa and subject to this rule.
For example O-1 is not affected because O-1 is not considered a temporary visa in US law.
O-1 also has no cap. The USA can take in unlimited O-1 immigrants.
O-1 is nonimmigrant in the statute, so by definition we take in zero O-1 immigrants. It’s a temporary work visa.
People care about this because it is arbitrary and capricious and runs counter to decades of established practice.