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Re:Dear Sophie: How can I protect my H-1B and green card if ... by causi on Tuesday October 18, 2022 @01:48PM (#33251255)
This can pose a big problem for people who have made their homes in the U.S. for decades, diligently working, paying taxes, buying houses, and raising their children.

It's perverse there is any visa that lets someone stay in the country for decades without offering them a path to permanent residency and citizenship.

Re:Dear Sophie: How can I protect my H-1B and green card if ... by throwaway44111 on Tuesday October 18, 2022 @01:56PM (#33251379)
H1-B is dual intent. After six years in the US as an H1B worker, you can become eligible to apply for a US Green Card, which will allow you to remain in the USA indefinitely. However due to the backlogs in priority dates for some categories, you could potentially be in H-1B status for 10-20 years while waiting for your priority date to become current. But you can keep renewing using AC21 provisions in the meantime.
Re:Dear Sophie: How can I protect my H-1B and green card if ... by snotrockets on Tuesday October 18, 2022 @02:41PM (#33251979)
This is not true. An H1B employee can not apply to become a permanent resident ("green card") based on their H1B employment itself.

As far as I know, the only way to self petition for an extraordinary ability (EB1) based immigration, but that probably applies only to a small percentage of H1B workers. The rest are bound to their employer applying to grant the employees immigration benefits, which the employer may or may not do.

Re:Dear Sophie: How can I protect my H-1B and green card if ... by Sophie_Alcorn on Tuesday October 18, 2022 @02:54PM (#33252180)
H-1B holders can seek green cards through a variety of ways: green card lottery (for certain countries), family sponsorship (such as marriage green cards), and employment sponsorship (the EB-1, EB-2, EB-3, EB-4, and EB-5 categories.)

Within the EB's, most companies will sponsor H-1B holders for green cards in the EB-2 or EB-3 categories in a 3-step process: PERM, I-140, I-485.

If an H-1B holder wants to get a green card based on work/accomplishments as a self-petitioner, the two main pathways are:

Eb-1A for extraordinary ability, helpful for people subject to long India/China backlogs

Eb-2 NIW, easier than O-1A, takes 2-3 years if you're not subject to India/China backlogs.

Re:Dear Sophie: How can I protect my H-1B and green card if ... by snotrockets on Tuesday October 18, 2022 @03:26PM (#33252596)
I forgot about EB2 NIW (which again, I understand isn't open to all, due to the NIW requirement).

But unlike what the top level commenter wrote, the option for an H1B holder to become a permanent resident by their own action, rather then by their employer benevolence, is limited to very few (the green card lottery and the above mentioned narrow self-petition categories), and isn't a thing you can just do after a certain length of stay in the US.

Re:Dear Sophie: How can I protect my H-1B and green card if ... by Sophie_Alcorn on Tuesday October 18, 2022 @03:43PM (#33252822)
That's true! But I've helped a LOT of people go from unqualified to qualified for Eb-1A or EB-2 NIW. Here is my class that teaches people how: https://alcorn-immigration-law.teachable.com/p/extraordinary...
Re:Dear Sophie: How can I protect my H-1B and green card if ... by snotrockets on Tuesday October 18, 2022 @03:58PM (#33252997)
This is not immigration policy, but a private service. Which, even if had a 100% success rate, would still count for very few out of the 140,000 yearly green cards.
Re:Dear Sophie: How can I protect my H-1B and green card if ... by Sophie_Alcorn on Tuesday October 18, 2022 @04:19PM (#33253298)
Yes, we need systemic legal change. But at least in the short term there are at least some options for those who need them.
Re:Dear Sophie: How can I protect my H-1B and green card if ... by olliej on Tuesday October 18, 2022 @02:51PM (#33252128)
What? They absolutely can, and it can be employee supported - I know this because I actually started this. While in the insanely long backlog you can get your h1b extended beyond the six year limit as well.

I had got married by and had a green card through that before the backlog and what not would have got through on the h1b path, but if I hadn’t met my person I would have still ended up a permanent resident.

Re:Dear Sophie: How can I protect my H-1B and green card if ... by snotrockets on Tuesday October 18, 2022 @03:27PM (#33252614)
They can if they fit the criteria for EB1A or EB2 NIW. I don't think most of H1B recipient fit the criteria for those visas.
Re:Dear Sophie: How can I protect my H-1B and green card if ... by Sophie_Alcorn on Tuesday October 18, 2022 @02:55PM (#33252186)
Yes this is correct.
Re:Dear Sophie: How can I protect my H-1B and green card if ... by programmertote on Tuesday October 18, 2022 @02:19PM (#33251696)
One doesn't need to wait 6 years with H1B to apply for green card. S/he needs to get his/her employer to agree on sponsoring the green card and the process can start whenever. My employer agreed to apply for green card in the second year of my H1B. I fortunately am not from one of those countries (China and India) with long wait for green card, so I got mine in a little less than 4 years (in fact, my case took a bit longer than usual, but COVID-related delay was a factor and the lawfirm, Fragomen, messing up a step in my application process was another factor in such a delay).
Re:Dear Sophie: How can I protect my H-1B and green card if ... by Sophie_Alcorn on Tuesday October 18, 2022 @02:58PM (#33252223)
Yes, this is correct. Some employers are even willing to start the green card process before the H-1B is even selected in the lottery. But whether that's a good idea depends on the specifics of each employee's travel plans and current immigration status.
Re:Dear Sophie: How can I protect my H-1B and green card if ... by hayst4ck on Tuesday October 18, 2022 @02:21PM (#33251721)
My (potentially wrong) understanding is that backlogs are often determined by country in order to prevent any particular foreign ethnic group (like China or India) from becoming residents in such quantities that assimilation to American culture is unlikely.

Pragmatically you can already see the effects of anti foreign ethnicity backlash in national politics, so it does seem like something that needs some level of management.

Re:Dear Sophie: How can I protect my H-1B and green card if ... by Sophie_Alcorn on Tuesday October 18, 2022 @03:01PM (#33252262)
The backlogs do exist, they're based on the Immigration and Nationality Act of 1965, and they are for green cards specifically. In the employment-based immigrant visa categories, they specifically apply to people from India and China.
Re:Dear Sophie: How can I protect my H-1B and green card if ... by Sophie_Alcorn on Tuesday October 18, 2022 @02:50PM (#33252113)
Yes, the H-1B is dual intent. Actually people can start the green card process sooner than 6 years. Yes, the H-1B is usually valid up to 6 years but there can be AC21 extensions if you reach certain milestones in the green card process. The wait times for people who have to go in the category of people born in India or China could potentially be many decades.
Re:Dear Sophie: How can I protect my H-1B and green card if ... by cousin_it on Tuesday October 18, 2022 @02:20PM (#33251710)
I'd go even further. If a country benefits from someone's work and taxes, it should give them a say in how these taxes are spent (i.e. let them vote) after a quite short term, for example one year.
Re:Dear Sophie: How can I protect my H-1B and green card if ... by hayst4ck on Tuesday October 18, 2022 @02:30PM (#33251817)
Do you think assimilation matters? Do you think to a meaningful degree cultural norms dictate societal level outcomes?
Re:Dear Sophie: How can I protect my H-1B and green card if ... by stjohnswarts on Tuesday October 18, 2022 @03:23PM (#33252554)
I don't think so. The right to vote and control how money is spent is the right of a citizen. However I think the current immigration system is awful and should be completely redone and improved and the waitlists drastically reduced with citizenship being a lot more streamlined for active, productive members participating in our economy.
Re:Dear Sophie: How can I protect my H-1B and green card if ... by Kalium on Tuesday October 18, 2022 @01:53PM (#33251330)
I believe H-1B is a dual-intent visa, allowing application for a Green Card after a specified number of years. Green Card holders then become eligible for citizenship after another specified number of years. So if my understanding is correct, the US government agrees with you.
Re:Dear Sophie: How can I protect my H-1B and green card if ... by snotrockets on Tuesday October 18, 2022 @02:42PM (#33251992)
This is not true. An H1B employee can not apply to become a permanent resident ("green card") based on their H1B employment itself.

As far as I know, the only way to self petition for an extraordinary ability (EB1) based immigration, but that probably applies only to a small percentage of H1B workers. The rest are bound to their employer applying to grant the employees immigration benefits, which the employer may or may not do.

Re:Dear Sophie: How can I protect my H-1B and green card if ... by Sophie_Alcorn on Tuesday October 18, 2022 @03:20PM (#33252521)
Also the EB-2 NIW, see my other comment in this thread!
Re:Dear Sophie: How can I protect my H-1B and green card if ... by david-gpu on Tuesday October 18, 2022 @02:02PM (#33251466)
> Green Card holders then become eligible for citizenship after another specified number of years

In theory, yes. But there's a massive backlog, depending on your country of origin. I know somebody who graduated in the US and after 10+ years they gave up trying to obtain a green card in the US and instead applied for permanent residence in Canada -- within a year they had moved with their family. This is far from unique.

Re:Dear Sophie: How can I protect my H-1B and green card if ... by Sophie_Alcorn on Tuesday October 18, 2022 @03:26PM (#33252590)
The system is super broken. If you're from India or China and on H-1B and just starting out, do whatever your employer is willing to sponsor you for to get a green card, but your fastest path is probably to figure out how to qualify through only legal employment activities to get an O-1A and then an EB-1A.
Re:Dear Sophie: How can I protect my H-1B and green card if ... by AdvancedCarrot on Tuesday October 18, 2022 @01:55PM (#33251358)
Yes but your employer needs to sponsor you for a green card, and they don't really have any incentive to do so (since once you have the green card you don't have to work for them anymore).
Re:Dear Sophie: How can I protect my H-1B and green card if ... by returningfory2 on Tuesday October 18, 2022 @03:12PM (#33252425)
I think this sounds theoretically reasonable, but in reality it's not like this:

- The cost of sponsoring someone for a green card ($50k?) is low compared to engineering salaries.

- Many companies like Google have great retention and the probability that an employee leaves after getting green card is low.

- Companies that are worried about retention often have employees sign a reimbursement agreement when starting the GC process. Something like, if you leave within 2 years of getting the GC you pay a prorated portion of the legal fees.

- In a tight labor market, GC sponsorship is another benefit like compensation, and companies offer it to hire good people. Over the last few years companies like Amazon have changed their GC policy to sponsor folks from day 1 of employment in order to hire people for whom a GC is that important.

Re:Dear Sophie: How can I protect my H-1B and green card if ... by sys_64738 on Tuesday October 18, 2022 @05:55PM (#33254566)
Yes, you do need to work for them because if you become a PR through employment then jump then it was always viewed as fraud. The generally recommended strategy was to stay with the employer for one year after the PR status is granted.
Re:Dear Sophie: How can I protect my H-1B and green card if ... by olliej on Tuesday October 18, 2022 @02:46PM (#33252049)
H1-Bs do have a path to permanent residence and so citizenship.

The problem is that the various rules around being on an H1-B make it super easy to exploit workers - which has a side effect of reducing permanent resident and citizen wages.

Re:Dear Sophie: How can I protect my H-1B and green card if ... by snotrockets on Tuesday October 18, 2022 @03:31PM (#33252652)
Not a universal path. It depends on their employer benevolence, or them matching a specific criteria of excellence, which I'm assuming many won't.

Compare with other countries, where the eligibility for residency is automatic for all foreign workers for have worked in that country for a given amount of time.

Re:Dear Sophie: How can I protect my H-1B and green card if ... by Sophie_Alcorn on Tuesday October 18, 2022 @02:48PM (#33252075)
Yes, I totally agree. We need systemic change. I helped write the startup visa for Congress and although the house passed it, the Senate wouldn't. They're gridlocked and we need other creative legal solutions.