Given the long waits for green cards, an H-B visa is usually required if a U.S. employer wants to hire a skilled foreign national from a U.S. university or abroad.
The court held by six votes to one that there would be no violation of Article 3 (prohibition of inhuman and degrading treatment) of the European Convention on Human Rights if the two failed asylum seekers - referred to as Mr H and Mr B - were removed to Afghanistan.
Petitioner has not offered any unequivocal evidence of legislative purpose which would allow us to override the plain language of section 163(h)(3)(B)(ii) and (C)(ii).