For the O-1, 9 FAM 302.1-2 explicitly states that the applicant is presumed to be an immigrant by default until they prove otherwise — that’s exactly 214(b). H-1B or L-1 don’t have this: a refusal on that ground is not permitted for them by law; it’s explicitly prohibited. The O-1 petitioner formally must show the temporariness of intent, but the requirement is relaxed. On initial entry the consulate checks for ties to the home country — a fixed-term contract, something that would keep you there. Once you’re already in the States and renewing, the logic is different — dual intent is de facto permitted.
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