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Re:H1B rejected – builds unicorn back home by yosito on Tuesday August 23, 2022 @03:11PM (#32569791)
As an American from an immigrant family, I think the US is really losing here. We should be giving visas out liberally to any skilled professional who wants one. Immigration is the only thing that ever truly made the US stand out.

On the other hand, as a global citizen with multiple passports who hasn't lived in the US for some time, maybe this is a good thing for the rest of the world. Spreading innovation out a bit and allowing other countries to thrive. Growing up in an immigrant family, I always had a sense of diversity being America's strength. But the last decade or so the US seems to have lost sight of the value of diversity. Not completely, but in many ways, partially thanks to US hegemony and the export of the English language, Europe is currently the cultural melting pot I idealized the US as growing up.

I think the world would truly be a more peaceful and thriving place if every country were more culturally integrated.

Anyway, I'm rambling now... </soapbox>

Re:H1B rejected – builds unicorn back home by aidenn0 on Tuesday August 23, 2022 @03:49PM (#32570468)
What always boggled my mind is we allow students to come study in the University system, but then when they graduate send them away. I suspect a platform of "We will train foreigners to enrich their homelands" wouldn't get much popular support, but it's the de-facto rule we live under.
Re:H1B rejected – builds unicorn back home by solveit on Tuesday August 23, 2022 @04:03PM (#32570684)
The mental model many people seem to have is "foreigners will pay us exorbitant amounts of tuition for a prestigious diploma, and education isn't actually valuable so we might as well send them back home".

And it's only mildly surprising people think this way. The median American does seem to go through an educational system that takes all their money and gives them a diploma without actually providing valuable expertise in anything. But the experience is exactly the opposite for the best immigrants, who only sometimes pay much tuition (PhDs in STEM in particular very rarely pay with anything other than their labor as teaching/research assistants), and gain enormously valuable expertise. It's completely asinine, but perhaps not so surprising.

Re:H1B rejected – builds unicorn back home by sokoloff on Tuesday August 23, 2022 @04:41PM (#32571188)
The median American 25 or older has less than an associates (2-year) degree.

https://www.census.gov/newsroom/press-releases/2022/educatio...

Re:H1B rejected – builds unicorn back home by yuppiepuppie on Tuesday August 23, 2022 @04:25PM (#32570989)
What’s funny is that my (foreign) wife got her masters at a state school in the US with a US scholarship and was sent back after she graduated.
Re:H1B rejected – builds unicorn back home by ipaddr on Tuesday August 23, 2022 @04:36PM (#32571129)
Many US scholarship comes from private money. So having a scholarship doesn't automatically grant citizenship or people would abuse the system and limits would need to be placed on students studying.
Re:H1B rejected – builds unicorn back home by cinntaile on Tuesday August 23, 2022 @04:42PM (#32571200)
I don't think there is any country in the world that gives citizenship based on a grant. These people just want a chance at finding a relevant job in the US using their newly earned skills.
Re:H1B rejected – builds unicorn back home by bcrosby95 on Tuesday August 23, 2022 @05:28PM (#32571794)
This is a weird take considering most states offer tuition breaks for people that live in that state. If this is really how people felt about these schools you would think they would be boycotting their mere existence considering they cost a lot of state tax dollars to fund.
Re:H1B rejected – builds unicorn back home by jldugger on Tuesday August 23, 2022 @05:34PM (#32571857)
I mean, its a complicated and slow process. State funding of colleges has been on decline for ages -- every time a recession hits the university system gets another budget cut but its rare to see the cuts restored when the economy recovers.

Meanwhile the median voter is probably more excited about college sports than college degrees.

Re:H1B rejected – builds unicorn back home by modriano on Tuesday August 23, 2022 @04:59PM (#32571425)
As a citizen of the US, I like having a vibrant tech economy here in the US and I love working with brilliant people, so I would like it if everyone educated in our world class universities could stay here if they wanted. Also as a citizen of the US who likes stability in the US, I like that the children of elites all over the world come to the US for university and many return to their native countries with a fondness for the US from their time in our universities.

As a citizen of the world, I think there's tremendous value in distributing knowledge and our best ideals all over the world.

Re:H1B rejected – builds unicorn back home by innagadadavida on Tuesday August 23, 2022 @04:20PM (#32570930)
Even more confusing is why we then have 100k immigrants that are randomly selected with unknown skills from all over the world to come here and take up things like driving taxis. All the while we have labor shortages for basic things like nannies and baby sitters.
Re:H1B rejected – builds unicorn back home by bruceb on Tuesday August 23, 2022 @05:38PM (#32571905)
How many families are going to leave their child with a uber driver?
Re:H1B rejected – builds unicorn back home by newsclues on Tuesday August 23, 2022 @05:14PM (#32571618)
If developed nations with top tier education systems attract the best talent from the developing world and retain them all, who is going to develop and grow the economy, workforce and consumer markets of the developing world?
Re:H1B rejected – builds unicorn back home by rajeshp1986 on Tuesday August 23, 2022 @09:20PM (#32573894)
what boggles my mind even more is US lets people from other visa categories so easily without even vetting but creates so many hurdles for students & tech-workers who definitely contribute more positively to US economy. Take marriage green card route for example. Green card marriage is a widely known term now. Similarly, refugee visa is exploited a lot. I know people who received refugee visa by faking their stories. In some cases they are not even from the country they are claiming to be. All those people who game those visas come and take one or the other form of government support whereas students and tech workers only contribute to the economy.
Re:H1B rejected – builds unicorn back home by thechao on Tuesday August 23, 2022 @04:46PM (#32571242)
This is precisely what the Fulbright scholarship program is for:

https://en.wikipedia.org/wiki/Fulbright_Program

Re:H1B rejected – builds unicorn back home by beckingz on Tuesday August 23, 2022 @05:25PM (#32571752)
University system is an export. We can't export it if they stay.
Re:H1B rejected – builds unicorn back home by 2OEH8eoCRo0 on Tuesday August 23, 2022 @04:38PM (#32571144)
What do you mean we send them away? Should we hold them against their will? If they want to stay there are ways to stay.
Re:H1B rejected – builds unicorn back home by dataexporter on Tuesday August 23, 2022 @05:20PM (#32571680)
I am not sure if you are responding with actual information or just anecdata. There are hundreds of thousands of students who actually want to work in the US but are unable to (and are sent back) because of H1B Visa lotteries and archaic green card processes.
Re:H1B rejected – builds unicorn back home by 2OEH8eoCRo0 on Tuesday August 23, 2022 @05:34PM (#32571858)
I'm not saying the US immigration system is perfect but there were apparently 855,000 new naturalized citizens in 2021. Somebody is figuring it out.

Also- the US doesn't owe everybody a citizenship.

Re:H1B rejected – builds unicorn back home by acchow on Tuesday August 23, 2022 @08:51PM (#32573662)
Right, but this number is very low compared to Canada's 250k, considering the USA has 10x the population of Canada

167k for Australia (US has almost 13x the population of Australia)

Re:H1B rejected – builds unicorn back home by thisoneworks on Tuesday August 23, 2022 @05:38PM (#32571911)
Majority of them are family based as opposed to employment based, so your point is invalid
Re:H1B rejected – builds unicorn back home by 2OEH8eoCRo0 on Tuesday August 23, 2022 @06:55PM (#32572674)
How much of a majority?
Re:H1B rejected – builds unicorn back home by amf12 on Tuesday August 23, 2022 @07:37PM (#32573065)
Roughly 14% of the naturalized citizens were in the employment category.

https://www.uscis.gov/citizenship-resource-center/naturaliza...

Re:H1B rejected – builds unicorn back home by 2OEH8eoCRo0 on Tuesday August 23, 2022 @09:01PM (#32573753)
So 119,700? That's a lot. Does that count naturalized citizens that came for employment but brought their family?
Re:H1B rejected – builds unicorn back home by fshr on Wednesday August 24, 2022 @12:27AM (#32574978)
No, relatively speaking, it's not a lot. Yeah, it's a big number in a vacuum, but comparatively it's dwarfed by other countries we should want to compete with.
Re:H1B rejected – builds unicorn back home by aidenn0 on Wednesday August 24, 2022 @01:57AM (#32575418)
There's over a million foreigners in school.

I had a friend with a CS degree ask if I would marry her because she didn't want to go back to China and couldn't get an H1B.

Re:H1B rejected – builds unicorn back home by amf12 on Wednesday August 24, 2022 @02:36PM (#32583821)
119,700 isn't a lot in the context of overall immigration and the number of immigrants who come here to study and for employment. The number also includes the immediate family of the recipient (spouse + children), which would be about 2/3 or 1/2 of the 119,700.
Re:H1B rejected – builds unicorn back home by jimmaswell on Tuesday August 23, 2022 @04:16PM (#32570869)
Alternate viewpoint, we have more than enough students graduating in Computer Science and other STEM fields, many of whom have a hard time finding a job because most companies don't want to invest in training anyone up anymore, and they're enabled by the H1B program. If we incentivized/forced companies to build people up from basic college graduate again, it would be even better than finding skilled immigrants.
Re:H1B rejected – builds unicorn back home by mywittyname on Tuesday August 23, 2022 @04:27PM (#32571015)
H1B employees cost a lot more to employ than fresh grads. On top of having to pay above average wage, companies have to employ lawyers to handle a lot of paperwork.

> most companies don't want to invest in training anyone up anymore

The past four companies I've worked for had training programs for new employees and internship programs to funnel college students into jobs after graduation. Maybe bad experience on your part?

Re:H1B rejected – builds unicorn back home by atwood22 on Tuesday August 23, 2022 @05:09PM (#32571554)
Do H1Bs really earn above average wage? Haven’t seen that. Overall, H1Bs increase the labor supply, which decreases the price of labor.
Re:H1B rejected – builds unicorn back home by yieldcrv on Tuesday August 23, 2022 @09:23PM (#32573918)
depends on the field

but its a bad and outdated assumption to make, at least for tech

department of labor forces companies to submit compensation data

someone aggregates this on h1bdata.info

(the data is not uniform though, as some companies are including total compensation and this is normalized as “salary”)

Re:H1B rejected – builds unicorn back home by outworlder on Tuesday August 23, 2022 @09:51PM (#32574099)
In tech? Absolutely.
Re:H1B rejected – builds unicorn back home by atwood22 on Tuesday August 23, 2022 @11:59PM (#32574824)
They earn above the tech average wage, or they earn above average wage in the country? If they work in tech, but earn below the average tech wage, then they’d actually be bringing the average wage down when you consider the opportunity cost.
Re:H1B rejected – builds unicorn back home by nxmnxm99 on Tuesday August 23, 2022 @04:43PM (#32571208)
The average H1B is more talented than the average American STEM graduate. That's why they're having trouble getting jobs.
Re:H1B rejected – builds unicorn back home by KerrAvon on Tuesday August 23, 2022 @04:59PM (#32571427)
You're basing that assertion on what data? If that's really the case, our schools need to do a better job of prioritizing entrants into STEM classes -- talk to a prospective CS student at Stanford or Berkeley and ask them how easy it is to get into the program, for example.
Re:H1B rejected – builds unicorn back home by nxmnxm99 on Friday August 26, 2022 @01:29PM (#32610402)
Why are you comparing to Stanford and Berkeley students? They're not having issues finding STEM jobs.
Re:H1B rejected – builds unicorn back home by tangjurine on Tuesday August 23, 2022 @09:55PM (#32574130)
I would agree, from my anecdotal experience.
Re:H1B rejected – builds unicorn back home by thehappypm on Tuesday August 23, 2022 @04:09PM (#32570765)
It’s tough because many of our societal problems are only exacerbated by population growth, especially in the areas where these types of workers tend to congregate. Highly skilled workers don’t go to the Midwest or the deep south. They go and drive up rental prices in New York and San Francisco, where the jobs are. Well the first order effects of having a more skilled in competitive work for us are good, the second order effects can be very very negative and we got to be careful about that
Re:H1B rejected – builds unicorn back home by jedberg on Tuesday August 23, 2022 @04:56PM (#32571399)
I work with a bunch of highly skilled immigrants. They live in Texas, Kentucky, Colorado, and a bunch of other places. Now that remote work is prevalent, people are moving to all sorts of places.
Re:H1B rejected – builds unicorn back home by fshr on Wednesday August 24, 2022 @12:35AM (#32575037)
There's also a lot of great wine and delicious pizza in TX, KY, and CO, but I bet if I throw a dart in the dark 9 times out of 10 I'm going to land on a name from CA or NY.
Re:H1B rejected – builds unicorn back home by jedberg on Wednesday August 24, 2022 @01:07AM (#32575210)
The data is publicly available:

https://www.pewresearch.org/fact-tank/2018/03/29/h-1b-visa-a...

But if you don't want to click, you'll find the highest share of H1B per capita in Texas, namely College Station.

Re:H1B rejected – builds unicorn back home by thehappypm on Wednesday August 24, 2022 @08:05PM (#32587578)
That doesnt disprove the point though! H1Bs congregate in specific areas, research hubs or tech hubs
Re:H1B rejected – builds unicorn back home by bluGill on Tuesday August 23, 2022 @06:20PM (#32572358)
There are enough immigrants in Des Moines to have a Hindi temple. Immigrants go everywhere, nnot just your little corner
Re:H1B rejected – builds unicorn back home by thehappypm on Tuesday August 23, 2022 @08:34PM (#32573548)
Obviously there are immigrants everywhere the US is an immigrant nation.
Re:H1B rejected – builds unicorn back home by jimmaswell on Tuesday August 23, 2022 @04:18PM (#32570904)
> Highly skilled workers don’t go to the Midwest or the deep south.

This is certainly changing. I myself am moving to a rural area to work remotely and farm.

Re:H1B rejected – builds unicorn back home by thehappypm on Tuesday August 23, 2022 @04:25PM (#32570981)
The statistics don’t really bear that it’s happening at scale, but it’s great for you to make that change.
Re:H1B rejected – builds unicorn back home by sngz on Tuesday August 23, 2022 @04:31PM (#32571058)
as another American from an immigrant family. I think getting an H1-B should be easier, not tied to a company, and require companies to pay them more than a citizen. This prevents a lot of the abuse I see right now to people on H1-B's, staying with jobs that they hate, and prevents wage suppression in the industry for others.
Re:H1B rejected – builds unicorn back home by outworlder on Tuesday August 23, 2022 @09:54PM (#32574120)
I don't particularly care if work visas get harder. Maybe they should.

What should be done is serious scrutiny _before_ someone is admitted. Once they are, the system should get out of their way. A person is working for years at some company, paying their taxes, spotless track record (often not even traffic tickets as they can cause trouble) and yet, they cannot even sponsor for permanent residency themselves. They depend on some company, which has no interest of doing so until the time is close to running out.

Re:H1B rejected – builds unicorn back home by sngz on Wednesday August 24, 2022 @12:28PM (#32581778)
I feel like what you described is what I meant by easier to get.
Re:H1B rejected – builds unicorn back home by digianarchist on Tuesday August 23, 2022 @06:22PM (#32572369)
Why would a H1-B stay in a job they hate? The visa is actually portable unlike TN, E3 or L1.
Re:H1B rejected – builds unicorn back home by Ao7bei3s on Tuesday August 23, 2022 @07:50PM (#32573185)
H-1B is portable in theory, and many H-1B's to switch. However it is tedious and risky for many reasons. For example:

- There are many restrictions. H-1B is still coupled to a particular occupation (type of job). Any new job has to remain >50% similar. People on H-1B can also only go to companies that will sponsor their H-1B going forward (so self-employment and most smaller companies are out), and one would not want to go to a company that would not also sponsor the greencard. Transfers in the same company are possible, but even just changes to the job description (e.g. becoming a manager, or switching from devs to ops) or worksite usually require a new PWD (Prevailing Wage Determination) and LCA (Labor Condition Application).

- The processing of H-1B transfers has recently taken around 6 months for some. Theoretically you can switch before the government approves the transfer; practically if the transfer is rejected for whatever arbitrary reason or government error you want to be able to fallback to the existing H-1B. And so it is advisable to wait for the transfer to go through. How many potential new companies are fine with that? (What is the damage to previous companies from people quietly just coasting and waiting for the H-1B transfer to go through due to such delays?)

- Any change also increases the risk of rejections during the next renewal (and people from greencard backlogged countries have to renew every year, for decades at the current rate). How big the risk is depends a lot on federal politics (for example, the prior deference rule was withdrawn during the previous administration, and reinstated during this administration) and can change fast.

- Switching jobs while on H-1B during certain stages of the immigration/greencard process (PWD, PERM, I-140 plus 6 months for AC21 portability) resets that process, and restarting it incurs potentially years-long delays and large expenses (for the company, which is worse). PERM itself may have become harder recently due to changes in the legal landscape and one would not want to give up a successful PERM.

- The risk of layoffs is perceived as greater for new hires than for established engineers. A person on H-1B who is laid off has 60 days to find a new job, or the H-1B ends. So during an economic downturn giving up a solid position is a risk.

Re:H1B rejected – builds unicorn back home by digianarchist on Tuesday August 23, 2022 @09:15PM (#32573864)
Almost every point here applies to all non-immigrant visas. H-1B is better than the others because it allows Indian born citizens to remain in the United States despite the Green Card backlog injustice.
Re:H1B rejected – builds unicorn back home by deepdriver on Tuesday August 23, 2022 @06:56PM (#32572681)
As an American from a non-immigrant family, I think stamping visas is easier than fixing a broken education system, so that’s what corporate leaders would rather do to fill seats. We have over 330 million Americans in this country, many seeking good jobs and salaries like those found in tech, yet we struggle to produce enough qualified STEM grads and resort to importing other countries’ elites. The programming and computer science education in most US high schools is near zero. It’s a national embarrassment. And frankly, the more US companies are helmed by new arrivals who retain strong ties to the mother country, the less they feel a kinship to the majority of Americans and the less likely they are to invest in those Americans’ futures. I’ve seen this preference play out firsthand inside Google and other places.

I expect disagreement from many who’d flip viewpoints if the shoe changed feet.

Re:H1B rejected – builds unicorn back home by honkdaddy on Tuesday August 23, 2022 @07:21PM (#32572889)
(I'll preface this by noting that I'm Canadian and will never vote in an American election)

One of the reasons that immigration and green cards has always been such a hot-button political issue in the US is that first and second generation immigrants tend to overwhelmingly vote Democrat. You end up with this awkward feedback loop where D's are objectively politically motivated to increase immigration, while for R's it's the opposite. Perhaps I'm oversimplifying, that's just how it was explained to me once.

Re:H1B rejected – builds unicorn back home by bergenty on Tuesday August 23, 2022 @08:38PM (#32573571)
It’s because legal immigrants are overwhelmingly well educated so they vote like the average well educated American does. It also doesn’t help that the current GOP is more or less openly racist so a vote for them goes against basic self preservation.
Re:H1B rejected – builds unicorn back home by honkdaddy on Wednesday August 24, 2022 @01:45PM (#32583032)
Right, but you should be able to see that the “why” doesn’t really make any difference here, the effect is still the same. D’s remain motivated to keep immigration high, R’s remain motivated to bring it down.
Re:H1B rejected – builds unicorn back home by mbg721 on Tuesday August 23, 2022 @08:50PM (#32573652)
Saying "Republicans are just uneducated racists, so immigrants don't like them" may be convenient, but it's an oversimplification at best. It doesn't explain voter dynamics in Florida, for instance.
Re:H1B rejected – builds unicorn back home by bergenty on Wednesday August 24, 2022 @12:13AM (#32574905)
That’s not what I said at all if you read my comment. I said immigrants, who are educated, vote like the rest of the educated do.

I also said because the GOP has racist policies, it’s actively hostile to immigrants.

Your oversimplification is a straw man.

Re:H1B rejected – builds unicorn back home by kyawzazaw on Wednesday August 24, 2022 @06:19PM (#32586558)
It does explain some, no? How much of the Cuban immigrants that vote republican immigrated with visas like H-1B (employer sponsored)?
Re:H1B rejected – builds unicorn back home by 2OEH8eoCRo0 on Tuesday August 23, 2022 @04:18PM (#32570888)
What is stopping people from becoming citizens?
Re:H1B rejected – builds unicorn back home by Taniwha on Tuesday August 23, 2022 @04:25PM (#32570978)
These days an H1B is the first step towards getting a green card, which in turn is the step towards citizenship
Re:H1B rejected – builds unicorn back home by dudul on Tuesday August 23, 2022 @05:30PM (#32571820)
It is possible to petition for a green card without an h1b. Actually I wonder why in this story, Microsoft didn't sponsor an employment based GC.
Re:H1B rejected – builds unicorn back home by raitom on Tuesday August 23, 2022 @05:49PM (#32572021)
Because sponsoring an employment based GC takes considerably more time than filling for an H1B. We're talking at best less than a year for an H1B (filling in April and you receive it in October of the same year) vs 18 months minimum for an European (10+ years for an Indian).

I actually got my H1B at my 2nd try. I did not get pick at my 1st try and had to wait until next year but it went quite smoothly. However for my GC, it took 4 years between the initial conversation with my employer and getting it in my hands. The actual process itself, from the moment the lawyers received all the documents, took 2 years.

Re:H1B rejected – builds unicorn back home by dudul on Tuesday August 23, 2022 @07:14PM (#32572832)
I'm not an immigration lawyer but you don't need to have the GC in hands to start working for your employer. You usually get a work permit quickly after the petition is filed.

I used to work with someone whose visa was about to expire so the company just filed a GC to keep her.

That being said, I feel like these things change all the time. When people describe the current H1B process it always seems completely different from the one I went through.

Re:H1B rejected – builds unicorn back home by Ao7bei3s on Tuesday August 23, 2022 @08:29PM (#32573503)
The work permit (I-765) does not allow you to enter the US, only to work when already legally in the country (for example, via an H-1B). And neither does the re-entry permit / advance parole (I-131) let you enter, unless you obtain it while in the US.

And those documents can anyway only be applied if already in the country, and once your I-485 is current and I-140 is approved, which for Indians/Chinese/Filipinos means a >10 year wait, and for everyone else means a >1 year wait while PWD, PERM and I-140 process. Large companies can shorten the PWD/PERM wait a bit, but that does little for the backlogged countries and those not already inside the US.

There is no _realistic_ employment based path to a greencard that does not go through a non-immigrant visa.

Also, the work permit processing times have been extremely backlogged over the past year. It is getting better, but I have personally seen a greencard arrive after about a year recently, and the corresponding work permit arrive a week _later_ (useless, by then).

And if you look at large scale statistics available in immigrant communities, you can see approvals are all over the place, with no rhyme or reasons - some people get it in months, for some it takes years. There is no predictability.

Re:H1B rejected – builds unicorn back home by outworlder on Tuesday August 23, 2022 @10:06PM (#32574187)
> and for everyone else means a >1 year wait while PWD, PERM and I-140 process.

Filed I-485 in 2020. Still pending. It's currently way more than one year. Some 2022 filers are getting it in a matter of months, but older applications are taking forever.

> The work permit (I-765) does not allow you to enter the US, only to work when already legally in the country (for example, via an H-1B).

H1B allows one to work, by itself. If you get a I-765(aka EAD) and you use that, you immediately lose your H1B status. Which is fine as long as your application is pending. If your I-485 subsequently gets denied, you have to leave and you just lost your shot. Game over. You have to start again from scratch. Assuming you didn't incur in too much unauthorized stay, as you'll get hit with retroactive unauthorized stay.

Most H1B holders do not use their EAD because of that. Note that it's different from the EAD you get as a L2 (spouse of L1). That one doesn't mess with your status. Unless you get EAD pursuant to your green card application. That one messes with your status.

Same with advance parole. H and L visas don't need that to travel.

You can get your H1B status back if you file for an extension.

Re:H1B rejected – builds unicorn back home by Ao7bei3s on Wednesday August 24, 2022 @02:45AM (#32575680)
And even then there are always more caveats of course. For example, while as you say H-1B's generally don't rely on EAD/AP, H visas are 6 years and can be renewed indefinitely once I-140 is approved, whereas L visas are hard capped at 5-6 years. This means there is serious risk for someone on an L visa to max out their visa and end up being forced to rely on the Employment Authorization Document (EAD) and Advance Parole (AP). With all the problems that brings. This can easily happen if just a few things go wrong (e.g. during the PERM stage - hiring freezes, PERM audits, random covid fallout like legal uncertainty around how notice posting requirements interact with company wide work from home...). That is one reason why many L-1's like to play the H-1B lottery every year.
Re:H1B rejected – builds unicorn back home by kyawzazaw on Wednesday August 24, 2022 @06:13PM (#32586495)
The person wouldn't have work authorization because the 7% country limit that leads to the GC backlog.
Re:H1B rejected – builds unicorn back home by TheCoelacanth on Wednesday August 24, 2022 @11:53AM (#32581085)
Isn't there a multi-decade long waiting list for people born in India to receive green cards?
Re:H1B rejected – builds unicorn back home by User23 on Tuesday August 23, 2022 @06:45PM (#32572575)
That's not actually true. H-1B is a non-immigrant visa. The confusion is somewhat understandable though. The reason why is that the H-1B program allows a migrant who does not currently qualify for an immigrant visa to work in the USA while they try to get one rather than having to wait at home.

It's kind of like hanging out in a fancy restaurant's bar in hopes that they'll be able to get you a table.

Re:H1B rejected – builds unicorn back home by outworlder on Tuesday August 23, 2022 @09:59PM (#32574158)
What? No. H1B is a dual-intent visa.

If it was strictly a non-immigrant visa, then you cannot get a green card. Ever. You need some other type of visa that's either an immigrant visa(like marriage) or some other dual-intent visa.

That's one thing that many americans don't understand. "He's lived in the US for 50 years, why didn't he become a citizen?!" Because, for most people, they have no path.

Re:H1B rejected – builds unicorn back home by User23 on Tuesday August 23, 2022 @10:47PM (#32574413)
That’s not what the US government says: https://www.dol.gov/agencies/whd/immigration/h1b and https://www.cbp.gov/travel/international-visitors/visa-waive...

I have observed that this misunderstanding is widespread, for what it’s worth. Dual intent merely means intending to immigrate isn’t a disqualification, but that still requires getting some sort of additional immigrant visa.

Re:H1B rejected – builds unicorn back home by Ao7bei3s on Wednesday August 24, 2022 @03:25AM (#32575947)
You're right that they are formally non-immigrant visa (allowing dual intent), but it is a mostly meaningless distinction as far as H-1B's and L-1's go and it is incorrect to say that they are not dual-intent visa (as dual-intent visa can very well be a descriptive name rather than a proper name. In much the same way that one might refer to a Macbook as a laptop). There are even a few government sources that call them that: https://www.google.com/search?q=%22dual-intent+visa%22+site%... .

It is a bit of a pain point because it is sometimes used in discussions by people who are against immigration to suggest that "those people" on H-1B's/L-1's should not immigrate, should not expect to immigrate, and should have known better because they "are on a non-immigrant visa" and should have simply chosen a different path. Nevermind that this _is_ more or less the only realistic way to do employment based immigration, and by far the most common one. One might consider it a bit of an anti-immigrant dog whistle. (I am not accusing you of this, just explaining why you may have gotten that reaction.)

It is, however, entirely incorrect to say that immigrating _requires_ an immigrant visa. There are two ways of becoming an immigrant:

1. From outside the US, by applying for an immigrant visa at a consulate, and then presenting the immigrant visa at a port of entry. The officer may then admit the alien in the LPR (lawful permanent resident) status.

2. From inside the US, by petitioning USCIS to adjust the status to that of an LPR. There is no immigrant visa in this case.

In general, a visa is used to legally enter the country, and status is used to legally be in the country. They are entirely separate, with different expiration dates, physically separate stamps/stickers and all (see https://www.google.com/search?q=visa+stamp+and+admission+sta...). For example, a person can present an H-1B visa (a sticker in the passport, plus a stack of paper) at a port of entry, then be admitted in H-1B status (and usually get a stamp over the sticker at that time). However, while using a visa is one way to gain a status, it is not the only way. And visa do not correspond 1:1 to statuses.

The two different ways to become an LPR are very different in terms of process, which agency to petition, processing time, availability, conditions while waiting, options if denied, cost etc. So those really cannot be mixed up.

And so, yes, one can immigrate with only a non-immigrant visa such as an H-1B. That is an officially supported function of the system. And for employment based immigration, that is the normal way to do it. Therefore the more descriptive name "dual-intent visa" is rather useful in the context of employment based immigration, even though the proper classification is "non-immigrant visa". Whereas even if it is formally a "non-immigrant visa", it can be useful to say that in practice it is not really a "non-immigrant visa" but a "dual-intent visa".

Re:H1B rejected – builds unicorn back home by yosito on Tuesday August 23, 2022 @05:37PM (#32571897)
Via which path?
Re:H1B rejected – builds unicorn back home by hunterb123 on Tuesday August 23, 2022 @03:18PM (#32569938)
The US allows more immigrants than any other country. What exactly is the criticism?
Re:H1B rejected – builds unicorn back home by curious_cat_163 on Tuesday August 23, 2022 @04:21PM (#32570945)
I don't think absolute numbers tell the story. Also, it is not a complaint, really.

I think the citizens in the US have a right to decide as a polity how they want to structure their immigration policies. However, in order to make a good decision, it is important to start with the full context. Here are some facts:

US has 46.6 million in foreign born population and a total population of 333 million. [1][2] That makes about 13.9% of the total population to be foreign born.

Australia has 29.1% of its population that is foreign born. [3]

A little over 20% of the population of Canada is foreign born and it is projected to grow. [4]

[1] https://cis.org/Camarota/ForeignBorn-Population-Hits-Record-...

[2] https://www.census.gov/popclock/

[3] https://en.wikipedia.org/wiki/Foreign-born_population_of_Aus...

[4] https://www.statcan.gc.ca/en/dai/btd/othervisuals/other006

Re:H1B rejected – builds unicorn back home by hocuspocus on Tuesday August 23, 2022 @05:00PM (#32571438)
Mostly through family reunion which is completely irrelevant to the issue discussed here.

The US has the most nonsensical immigration laws for skilled workers of the developed world. Even Japan or Korea are pretty straightforward in comparison.

Re:H1B rejected – builds unicorn back home by lotsofpulp on Tuesday August 23, 2022 @03:37PM (#32570265)
The criticism is tying visa status to employer. No reason to do that unless you want to suppress wages for US residents.
Re:H1B rejected – builds unicorn back home by ROTMetro on Tuesday August 23, 2022 @04:23PM (#32570961)
That is why there are other visa types. You are talking about a type of visa specifically intended as a mechanism to fill a specific seat at a specific company. For other forms of immigration, there are other types of visas.
Re:H1B rejected – builds unicorn back home by isatty on Tuesday August 23, 2022 @04:52PM (#32571337)
Like what? I went over the USCIS page and Wikipedia and there does not seem to be very many options for skilled workers besides H and L, both of which are tied to employers.
Re:H1B rejected – builds unicorn back home by ROTMetro on Friday August 26, 2022 @01:00PM (#32610037)
American used to promote VISAS based on what a person brought to the country, but that was revised to instead promote keeping families intact. Put it to a vote, if people prefer putting a $$$ value on immigrants instead of keeping families together we can change the visa program. But there are still other means for visas, you just don't like the priorities America puts on them. That doesn't mean you can abuse the purpose of H1.
Re:H1B rejected – builds unicorn back home by fooker on Tuesday August 23, 2022 @05:21PM (#32571707)
O1 visas are for skilled workers without getting tied to a company. But you have to be really skilled!
Re:H1B rejected – builds unicorn back home by kareemsabri on Tuesday August 23, 2022 @05:45PM (#32571984)
You don't have to be all that skilled (depending on the field). You do need the money to self-petition though. Many pretty average people use the O-1.
Re:H1B rejected – builds unicorn back home by screye on Tuesday August 23, 2022 @08:30PM (#32573508)
I don't know of a single tech worker who could get an O-1 without a top PhD.
Re:H1B rejected – builds unicorn back home by kareemsabri on Wednesday August 24, 2022 @07:14PM (#32587131)
I know many who got it with a bachelors degree. Advanced degrees are not even a part of the eligibility criteria.

https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-...

Re:H1B rejected – builds unicorn back home by nine_zeros on Tuesday August 23, 2022 @03:23PM (#32570033)
> The US allows more immigrants than any other country. What exactly is the criticism?

The system is unbelievably cruel. People die (or see their loved ones die) before they get greencards.

It is not a numbers game. If you can attract the best, you need to let them thrive instead of enslaving them.

Re:H1B rejected – builds unicorn back home by hunterb123 on Tuesday August 23, 2022 @03:37PM (#32570259)
> The system is unbelievably cruel. People die (or see their loved ones die) before they get greencards.

People die before many things, that's not really relevant and it's just an emotional statement. Compare the length and rate to other countries for an actual assessment.

A lot countries I've looked into take 5-10 years for citizenship, the US is 14.5 months on average.

I'm talking about the amount of immigrants taken in vs other countries. Yes the US is large and can take in a lot of immigrants, and we do, by far.

Re:H1B rejected – builds unicorn back home by lemiant on Tuesday August 23, 2022 @04:13PM (#32570835)
This shows a shocking level of ignorance about the US immigration system.

Just straight off the bat you need to be a resident for 5 years before you can even apply for citizenship ( https://www.uscis.gov/forms/explore-my-options/become-a-us-c... ).

The full process is the better part of a decade in the best case (e.g. expensive lawyers, STEM degree, immigrating from an easy country like Canada). If you're from a country like China or India where lots of other people are also applying for those slots - or if anything else is less than optimal - you're looking at between a decade+ and never.

Re:H1B rejected – builds unicorn back home by shard on Tuesday August 23, 2022 @04:24PM (#32570969)
You can shorten the time you need to be a resident to 3 years by marrying a US citizen: https://www.uscis.gov/citizenship/learn-about-citizenship/ci...
Re:H1B rejected – builds unicorn back home by kylehotchkiss on Tuesday August 23, 2022 @05:21PM (#32571703)
Yes, US citizens can sponsor foreign nationals both within and outside the USA for green cards through marriage. The process itself (current status or no status) to green card easily takes 2 years. Once that person arrives, they can get citizenship (not residency) within 3 years.

The sentence structure though seems to imply marrying solely for status, which is fraud, and reflects very poorly on both applicant and petitioner. This kind of thing definitely happens which is why it takes 2 years for the honest applicants to get though, as the immigration system doesn't do a sufficient job filtering out fraud at the beginning stages of the petition and leaves too much of that work at the end of the petition stage (interview) which is where the biggest bottleneck is.

source: personal experience as petitioner

Re:H1B rejected – builds unicorn back home by shard on Tuesday August 23, 2022 @06:57PM (#32572691)
No implication to promote the commitment of fraud, simply stating a fact to correct the previous comment.
Re:H1B rejected – builds unicorn back home by bialpio on Tuesday August 23, 2022 @03:54PM (#32570552)
I'm not sure where you got the 14.5 months from. This is roughly how much time it took for my citizenship application to get processed, but it does not include the 5 year period of being a permanent resident (and applying for it also took ~1.5 years). Total time from setting my foot in the US on H-1B to getting citizenship was roughly 8.5 years.
Re:H1B rejected – builds unicorn back home by nine_zeros on Tuesday August 23, 2022 @03:43PM (#32570367)
> Most countries I've looked into take up to 10 years.

The set of countries you want to compare with are the countries that claim they want to welcome immigrants. You don't want to compare with countries that you like but are hostile.

America claims to be immigrant friendly but compared to other immigrant friendly nations, the process is brutal and eats away entire lives.

> A lot countries I've looked into take 5-10 years for citizenship, the US is 14.5 months on average.

This is misinformation as citizenship petition N-400 is merely the last step. This does not count the time for green card before this. Getting a green card could take 3-10 years. Then, they'd need to remain a permanent resident for 5 years before they can even apply for citizenship.

Re:H1B rejected – builds unicorn back home by hunterb123 on Tuesday August 23, 2022 @03:51PM (#32570496)
No 14.5 months is the average for naturalization.

https://www.boundless.com/immigration-resources/how-long-doe...

Total time is 18.5-24 months to wrap up everything, but the 14.5 months you're able to be in the US which is what matters.

How does that compare to other countries? What's your ideal country that has the best immigration times?

- edit -

Green card from nil is also just a year or so on average, in which case you are living in the US and able to work.

These numbers are very comparable and much better than most countries. Please provide your ideal country so we can compare numbers.

Re:H1B rejected – builds unicorn back home by cardine on Tuesday August 23, 2022 @04:08PM (#32570756)
The parent tweet is someone from India.

Current green card wait times are approximately 10 years[1] right now. Given the length of the green card wait time you usually need some other visa (such as H1B) that will allow you to still live in the USA before you can actually apply for green card.

Currently the H1B lottery approves less than half of the people who apply.

So if you are trying to immigrate from India you are looking at: H1B (1-4 years depending lottery luck) Green Card (10+ years) Time to become US citizen (1-2 years from what you posted)

So as a highly skilled advanced degree holder from India (the case of this Tweet) the overall time is 12-16 years and that is still no guarantee due to H1B being a lottery.

[1] https://worldpopulationreview.com/country-rankings/green-car... (See EB-2 and EB-3)

Re:H1B rejected – builds unicorn back home by thisoneworks on Tuesday August 23, 2022 @05:50PM (#32572028)
Better source:

54 years for eb2/eb3. And that was 2019 backlog. Covid should've added half a decade more

https://www.cato.org/publications/policy-analysis/immigratio...

Re:H1B rejected – builds unicorn back home by outworlder on Tuesday August 23, 2022 @10:21PM (#32574269)
Which means that, if your child a newborn (but not born in the US), they won't qualify. The process has to be completed before their 21st birthday.
Re:H1B rejected – builds unicorn back home by z2 on Tuesday August 23, 2022 @04:53PM (#32571349)
Here's a better, more holistic overview, in case you want to see what starting "from nil" actually entails (hint: you don't just step off a plane and tell Uncle Sam that you want to be a citizen):

https://immigrationroad.com/green-card/immigration-flowchart...

> The time it takes to become a permanent resident varies dramatically, affected by many factors such as USCIS processing, visa availability, labor certification/background check delays, the applicant's qualifications, nationality, residence, profession, luck, and so on. Most people are probably looking at 5 - 15 years. Some also spent several years in a nonimmigrant status prior to starting the immigration process. After green card, add roughly 5 - 7 years towards citizenship

In addition to the time, as others said there's a high probability the path will fail for most. The process starts with winning a visa that allows you to immigrate (tourist/business/student visas don't count). I say "win" because you need to find a company willing to pay and apply for that on your behalf, go through a lottery based on degree to see if you even get the opportunity to apply, and then hope the application isn't rejected on the grounds of the job being something a U.S. citizen can do. if you studied in the U.S., you get 1-2 more years to work under your student visa on what's called "Optional Practical Training" to convince your employer you're worth the hassle of sponsoring an immigration visa. Once you have that visa (e.g., an H-1B visa), you have 3 years to try rise to a senior position and convince your employer that you are valuable enough to splurge on a green card application. If that fails, you can apply for a 3 year extension and try again. If that also fails, you must leave the country for at least a year, and start over. If you succeed, you wait some number of years depending on your birth country and quotas imposed on each before you get the chance to start applying for a green card and get this process rolling. Hence 10-22 years, for those lucky few who didn't get rejected at any of the aforementioned points.

Re:H1B rejected – builds unicorn back home by qaq on Tuesday August 23, 2022 @04:01PM (#32570654)
You have to reside for 5 years on GC first. It can take years for GC to get processed so overall at present it can be close to 10 years.
Re:H1B rejected – builds unicorn back home by outworlder on Tuesday August 23, 2022 @10:21PM (#32574262)
> How Long Does It Take to Get U.S. Citizenship After Applying?

That's what the link is talking about.

AFTER you qualify, that's the time it takes for just the paperwork to go through. The easiest path to qualify is marriage, which takes about 3 years - 90 days. That also has a similar processing time for the paperwork.

Please, go learn a bit more about the system. You don't know anything about the subject.

Re:H1B rejected – builds unicorn back home by ra7 on Tuesday August 23, 2022 @03:59PM (#32570634)
Green card to naturalization is not the same as going from visa to green card.
Re:H1B rejected – builds unicorn back home by manuelabeledo on Tuesday August 23, 2022 @04:16PM (#32570870)
> A lot countries I've looked into take 5-10 years for citizenship, the US is 14.5 months on average.

Year 6 here in the US, need to wait another 5 for the chance of becoming a citizen.

What’s that path you are talking about?

Re:H1B rejected – builds unicorn back home by outworlder on Tuesday August 23, 2022 @10:18PM (#32574251)
An imaginary one.
Re:H1B rejected – builds unicorn back home by darth_avocado on Tuesday August 23, 2022 @04:04PM (#32570698)
>14.5 months on average

The system is different for everyone. It depends on visa types, country of origin and a bunch of other factors.

Also, the 14.5 months on average is just the time it takes for USCIS to process the N400 application for naturalization. The actual time it takes for the naturalization is 18-24 months. And the biggest part that comes before you apply for naturalization for most immigrants is to obtain a Greencard, which takes the longest time, in some cases more than a few decades.

Re:H1B rejected – builds unicorn back home by outworlder on Tuesday August 23, 2022 @10:17PM (#32574246)
> A lot countries I've looked into take 5-10 years for citizenship, the US is 14.5 months on average.

Not even close. Heck, _permanent residency_ applications take longer than that. If your PERM gets audited, that step alone can eat more than one year. Even without that, 14.5 years for _residency_ would be shockingly fast. Some countries (like India) have a 100 year backlog, give or take a few decades.

After you get permanent residency, add 5 more years. 3 years if married to a USC.

There's NO WAY that any form of citizenship takes 14.5 months.

Re:H1B rejected – builds unicorn back home by UncleMeat on Tuesday August 23, 2022 @05:15PM (#32571623)
And for an Indian citizen, you might wait for 50 years for a green card.
Re:H1B rejected – builds unicorn back home by outside1234 on Tuesday August 23, 2022 @03:36PM (#32570244)
Are you referring to the 7% cap on the number of people that can get a green card from any one country in a calendar year?
Re:H1B rejected – builds unicorn back home by nine_zeros on Tuesday August 23, 2022 @03:39PM (#32570296)
> Are you referring to the 7% cap on the number of people that can get a green card from any one country in a calendar year?

No. I am talking about the constant asking for paperwork, processing times that vary from 2 months to over 2 years and preventing people from traveling to their home countries, lest they get locked out.

This is how criminals are treated.

Re:H1B rejected – builds unicorn back home by hunterb123 on Tuesday August 23, 2022 @03:41PM (#32570339)
What is the processing time for European countries?

What would your ideal processing time be that wouldn't be "criminal"?

Re:H1B rejected – builds unicorn back home by outworlder on Tuesday August 23, 2022 @10:11PM (#32574221)
> What is the processing time for European countries?

IRRELEVANT

There's no reason why you should be prevented from traveling just because you applied for some document.

Next you'll argue that noone is being prevented from traveling, technically. Don't bother.

There's also no reason to require the _employer_ to handle all immigration matters. The initial application? Sure. But then allow the employer to file for his permanent residency. Let them file for visa extensions. Let them transfer employers without risk. Maybe get another source of income. _Let the spouses work!_ There's no reason to limit a household to a single income. And so on. That's how its done in many countries in Europe.

You may say "you should go to those countries then". Many have. But you don't know the full extent of the issue until you are in the system. At which time you have relocated your family, upended your life, and staked your career in the system.

Re:H1B rejected – builds unicorn back home by nine_zeros on Tuesday August 23, 2022 @03:45PM (#32570387)
> What is the processing time for European countries?

EU is not one country. Some countries have better timelines than others.

> What would your ideal processing time be that wouldn't be "criminal"?

My ideal would be asap. Make the decision quick. If you want to deny most applications, deny it. But do it quick.

Re:H1B rejected – builds unicorn back home by kylehotchkiss on Tuesday August 23, 2022 @05:27PM (#32571775)
Slow denials is a feature not a bug of immigration systems. Fast denials with systems that allow retries just quickly get backlogs of people applying again after finding a quick fix to the rejection reason, which makes it harder to give proper time to new applicants who may be more eligible.
Re:H1B rejected – builds unicorn back home by outworlder on Tuesday August 23, 2022 @10:13PM (#32574228)
> Fast denials with systems that allow retries

There's nothing that says quick retries are allowed, or that subsequent tries should even be adjudicated quickly. Take H1Bs. If you get selected and subsequently denied, you can only apply next year.

Some types of visas require a cooldown period outside the country after you have used them. And so on. This is all solvable.

Re:H1B rejected – builds unicorn back home by hunterb123 on Tuesday August 23, 2022 @03:52PM (#32570514)
My point was to compare European countries as they were suggested by the GP to be better.

Go ahead and choose one or so and come back with numbers to compare. You'll find the US is very good in comparison.

Re:H1B rejected – builds unicorn back home by manuelabeledo on Tuesday August 23, 2022 @04:28PM (#32571026)
Germany offers a shorter and significantly cheaper path to citizenship, for instance.
Re:H1B rejected – builds unicorn back home by hocuspocus on Tuesday August 23, 2022 @05:11PM (#32571575)
Plus incredibly easier paths to immigration on a skilled work permit and access to permanent residence. Like most EU countries.
Re:H1B rejected – builds unicorn back home by manuelabeledo on Tuesday August 23, 2022 @04:22PM (#32570957)
Discounting non immigrant visas, I’m not sure that this is true.