Can a foreign national who has an approved I130 but who does not have a current priority date be granted a H2b visa?

Question

Can a foreign national who has an approved I130 but who does not have a current priority date be granted a H2b visa?

Anonymous Apr 3, 2012 1 views 2 answers

My company would like to sponsor a person who has an approved I130. They are at least 10 years away from having a current priority date. Could they be granted a H2b work visa? Would this have a negative impact on their I130/resident application process?

Neil Fleischer · Answer 1 · 2026-06-15T10:37:04+00:00

It is unleilkly as the I-130 shows an intent to live in the US permanent, while the H-2b does not allow for dual intent . Thus, I doubt it will be granted www.immigrate2usa.com

J Ferrari · Answer 2 · 2026-06-15T10:37:04+00:00

That would depend entirely on the consular officer. The problem you will face is that the H-2b requires that you not have immigrant intent. The I-130 strongly suggests immigrant intent.

Can a foreign national who has an approved I130 but who does not have a current priority date be granted a H2b visa?

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