If the intention was to limit the number of people becoming permanent residents, then they could have done that explicitly. But by doing it this way, they are just fucking with people. And the talent that built our tech will take all their knowledge and skills back to their home country.
If the intention is to strengthen other countries by stopping their brain drain, then this would be a good move.
The question is what was the intention of the H1B program when the law was enacted by duly elected legislators? It was never sold to the public as a path to permanent residency. It certainly wasn’t sold to the public as a system where each H1B granted would lead to citizenship, followed by bringing several family members with them through uncapped family reunification visas.
And the US has proven me correct over and over again in that assessment. Will watch with great pleasure the brain drain your country will face, and I honestly hope your economy will completely collapse.
The U.S. passed restrictive immigration laws in 1921. The foreign born population dropped to under 5% by 1970 (compared to 15% today). The decade on either side of that was a golden age for Silicon Valley.
Google at least, I think people would say there was a period of near-universally believing it was a good thing, and an immigrant was a co-founder.
It definitely shaped our society. And if you think it's for the worse, might that suggest college-educated Anglo-adapting immigrants are more dangerous to us than the ones right-wingers are telling us to focus on?
That is your “good” immigrant. He is the right winger.
Your approach would be more correct in a civil law system, but there are no pure civil law systems anywhere in the world. In actual civil law countries, once there is an established interpretation of the law, it usually cannot be changed without legislative action.
Then the administration can say yes or no, in the same way that they can say yes or no to someone applying from abroad.
But it’s not supposed to be extremely common to apply for a green card on an H or J visa. Those visas are explicitly “nonimmigrant” visas for people “temporarily” in the U.S. who have “no intention of abandoning” their foreign residence. Read the statute: https://uscode.house.gov/view.xhtml?req=(title:8%20section:1.... It’s subsections (a)(15), (a)(15)(H)(i)(b) and (a)(15)(J).
The people who thought of this are trying to return the practice to the actual intent of the law. The law was sold to the American public as a temporary worker program. It was not billed as a pathway for permanent residency.