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Discussion (62 Comments)Read Original on HackerNews
If you have filed I485 and they fail to process it before your current visa expires (D/S ends like F1 OPT). Then what? You just have to leave, abandon AOS and re-apply for CR1?
It’s insane that the simplest immigrant pathway; spousal green card could take 12+ months and may now require temporarily moving and being separated. Guess I actually will be paying $4K for a lawyer (plus the 3-4K just to file the USCIS forms).
I wish they would just have a simple fast lane for the 100% legal, non-complicated case.
Immigration policy in the current administration (which seems to be driven by Stephen Miller) is not based around legalaities, it's based around cutting immigration as much as possible because that's what satisfies Trump's voter base. These people do not care if you 'did it the right way'. They have an atavistic hatred of foreigners.
Even the current right wing party CDU doesn't seem to want to make migration harder, but when the extremist party AfD gets voted into office, an already highly damaged balance will break.
Sad how people become so detected from reality that they make their society irrelevant and destroying a lot of wealth in the process.
To me it feels like the US pretends they don’t need immigrants when:
1. The overwhelming majority of current US residents were immigrants themselves at some point in the last 150 years (only natives were there, everyone else immigrated from somewhere)
2. The US wouldn’t function without illegal immigrants
3. Every country is short of workers in one domain or another. Encouraging immigration in these domains (see how Canada does it for instance) would be the smart move. But instead… yeah let’s make it even harder across the board
Today's news make this crystal clear: the current admin does not want citizens marrying outside the country, regardless of how quickly the marriage rate among US population is falling.
The current administration is sending a pretty clear message to immigrants.
How could this ever help to build stronger industries or trade relationships?
If somebody hands you a shit sandwich you don't need to pretend it tastes good.
Well, we're continuing to find out. We haven't exactly scraped rocked bottom yet.
Skilled labor immigration is great for everyone involved, and bad only for the countries that suffer the brain drain.
But it's not zero-sum. The damage to those countries from losing talent is smaller than the benefits to the immigrant, their new country, and ultimately all of humanity.
A big argument for letting people emigrate is that they owe no real debt to the county where they are born, or the city, or anything like that. They aren't selfs owned by a nobleman. If moving increases their personal lot, why should we stop them?
An Indian’s greatest accomplishment in life is leaving India.
Now I'm not sure if you are allowed to re-enter after your interview before your case is decided/you get the visa but I would imagine so (if have valid visa), you would just need to exit again to get the visa later.
I believe the issue with what you're describing is that if you're on a temporary visa, like a student visa, applying for a green card shows intent of immigration so you cannot return to the US on a student visa.
If you have an H-1B already you may be able to do what you're describing. If you're a recent grad in the US this basically locks you out of trying to get a green card until you've already secured an H-1B.
False
You don’t need a job to apply for green card.
Valid visa, yes. But that’s easy.
>> admitted into the United States as nonimmigrants to depart rather than pursue adjustment of status. Such aliens are generally expected to pursue an immigrant visa and admission from outside the United States if they wish to reside permanently in this country.
H1-B was already a dual intent visa. Are they trying to create a new visa category?
Whatever they are trying to get to this is a big concern for all H1B employees.
Thankfully H1B is a small visa category.
Gemini gets this correct: “The H-1B visa is a nonimmigrant classification that allows U.S. employers to temporarily employ foreign nationals in ‘specialty occupations’ that require highly specialized knowledge and at least a bachelor's degree.”
I can only assume that's accidental. You're the 17th most active person on HN, so I'm certain you've seen an overwhelming amount of evidence of how skilled immigrants are immensely beneficial to the US economy.
The H-1B is not the only path to a green card. There are many ways, every case is different, and pretty much all of the paths suck, even if you do everything right.
This decision only makes all of those paths worse.
That's irrelevant. "Justice" means following the rules. Congress gets to decide the immigration laws. Congress has never created a real system for skilled permanent immigrants. The term "H1B" actually comes from 8 USC 101(a)(15)(H)(i)(B).
Subsection (a)(15) literally defines the term "immigrant" to exclude people in the subsequent subsections, including (H)(i)(b). Subsection (a)(15)(H)(i)(b) then reiterates that the category is for someone "who is coming temporarily to the United States to perform services." Congress didn't hide the ball.
It's just an example of how the immigration laws have been a bait-and-switch for decades: https://www.nytimes.com/2024/10/29/podcasts/the-daily/electi...
People who have done everything by "following the rules" are now seeing the US backpedal on what was promised to them via an administrative memo published by USCIS at the behest of the president—not through new legislation enacted by Congress.
I don't know where you're getting your information from, but it's factually incorrect.
And as someone else said, "justice" does not mean following the law. That's the definition of "legal".
It's important to anchor these topics at a certain level of understanding of Law and Economics to discuss optimal policy, otherwise we'll just talk past each other with uninformed political views.
You are correct about this.
> H1B is also non-immigrant visa, but it is dual intent visa meaning it doesn't have that requirement
You're incorrect about this. The concept of "dual intent" doesn't exist in the Immigration and Naturalization Act. It was created by executive fiat. H1Bs, like other non-immigrant visas, still requires non-immigrant intent. It's different only that it has two carve-outs:
Subsection (b) excludes H1Bs from the "presumption" of immigrant intent that applies to other categories of aliens. Subsection (h) provides that applying for permanent residency "shall not constitute evidence of an intention to abandon a foreign residence" for H1Bs.
So H1Bs must still have non-immigrant intent. It's just that they are carved out of certain presumptions that would automatically establish immigrant intent, which would lead to denial of their visa. It gives the executive flexibility to essentially look the other way when an H1B applies for a green card. But it doesn't confer any legal rights* onto the H1B. The administration can at any time decide that you actually have immigrant intent and yank your visa.
Nah. I’m an Indian-American (born in America, never visited India) working at a FANG company here in SF South Bay and I support this policy.
We need fewer immigrants in America for the next 10 years until we can sort out our domestic issues (education, healthcare, taxation, cost of living).
Once the immigrants are gone and birthright tourism / birthright citizenship to non-US citizen parents is also gone (hopefully next week), politicians can no longer blame immigrants for americas problems.
We could create special economic zones like china, allow 200 million immigrants into the country with a goal of a billion people to match the population of china and India. Make it a condition of citizenship that they help build ten homes or similar infrastructure. Immigrants could be the solution to all the problems you cite and they certainly aren’t the reason those problems exist.
If something seems irrational it’s usually a sign that you don’t understand the underlying logic. This behavior is totally logical if they aren’t worried about losing power.
The cruelty is the point. They want the economic benefit of immigrants but also want them to live in uncertainty and without any easy path to settling down. Complete and utterly stupid.
Stay on whatever visa you’re on -> apply for consular processing -> travel for interview -> enter on green card
So they likely have to wait out the green card process abroad unless they secure a dual-intent visa like an H-1B.
There's also 75 countries that the US has shut down consular processing for so those people may be locked out getting a green card entirely.
Wait times to process applications depend on your country of origin and visa type. If you are an H1B from India that was already decades approaching never. Same for Brazil and elsewhere.
And that was before Trump. All that was practically halted.
Where's that asshole immigration lawyer that likes to post here? I wonder how he feels about it.