"In addition, INA 214(h) provides that an H-1B nonimmigrant may have "dual intent," i.e., the fact that an H-1B nonimmigrant has sought permanent residence in the United States or will be seeking such status in the future does not preclude him or her from obtaining or maintaining H-1B nonimmigrant status. The applicant may legitimately come to the United States as a nonimmigrant under the H-1B classification and depart voluntarily at the end of his or her authorized period of stay, and, at the same time, lawfully seek to become a permanent resident of the United States without jeopardizing H-1B nonimmigrant status. Consequently, your evaluation of an applicant’s eligibility for an H-1B visa must not focus on the issue of immigrant intent." [1]
You’re quoting a State Department policies and procedures handbook. Its not the statute or even a regulation. It describes the current “wink, wink” practice that exists—as I noted above. But it doesn’t tell you what the law means, or give H1B holders any legal rights. See United States v. Mead. And it can be changed by any administration on a whim.
I agree with you that administrations can do pretty much whatever they want, but I think you are missing the point:
1. if H1Bs are not to lead to green cards per your interpretation of existing laws, then no H1Bs should lead to green cards, regardless of country of origin
2. if H1Bs do lead to green cards as we know they do in practice, as per my 'dual intent' understanding, or as per your 'wink wink' description, then they should lead to green cards regardless of country of origin
But the inconsistency in providing green cards to Tunisian H1Bs in 18 months while providing green cards to Indian H1Bs in 100 years is where the problem arises, and that is why the young author with a bright future is headed to India instead of applying his intelligence and abilities in the US.
I don’t think we’re in disagreement. I’m not saying what “should be” the case. My point is that if Indians feel like the current system creates misleading expectations, that’s because the system is built on the shifting sand of administrative whims, not solid legal rights. People get a job with an American company, the lawyers handle all the paperwork, and nobody swears the details. Then when something like the pandemic happens, or someone like Trump does something capricious, they’re surprised to learn that their status is much more contingent than they thought.
"In addition, INA 214(h) provides that an H-1B nonimmigrant may have "dual intent," i.e., the fact that an H-1B nonimmigrant has sought permanent residence in the United States or will be seeking such status in the future does not preclude him or her from obtaining or maintaining H-1B nonimmigrant status. The applicant may legitimately come to the United States as a nonimmigrant under the H-1B classification and depart voluntarily at the end of his or her authorized period of stay, and, at the same time, lawfully seek to become a permanent resident of the United States without jeopardizing H-1B nonimmigrant status. Consequently, your evaluation of an applicant’s eligibility for an H-1B visa must not focus on the issue of immigrant intent." [1]
[1] https://fam.state.gov/fam/09FAM/09FAM040210.html