[HN Gopher] My journey through the American immigration system a...
       ___________________________________________________________________
        
       My journey through the American immigration system as a computer
       engineer
        
       Author : whack
       Score  : 172 points
       Date   : 2022-05-11 11:24 UTC (11 hours ago)
        
 (HTM) web link (software.rajivprab.com)
 (TXT) w3m dump (software.rajivprab.com)
        
       | nisegami wrote:
       | I haven't opened the article because I suspect I'm not in the
       | right headspace for it, but I wanted to share my thoughts. I did
       | my degree in the US and my experience with the immigration system
       | was so traumatic that I just gave up entirely and didn't try to
       | stay in the US after graduation. I wouldn't say I regret it, but
       | it does feel wasteful at the end of the day to have put all that
       | time/effort/energy in only to come back to my home country. But
       | oh well.
        
       | boredumb wrote:
       | Emma Lazarus posted a poem in 1903 and now the US has to bend
       | over backwards to make everyone a citizen. The amount of people I
       | hear living or working in the US that explain away bureaucracy as
       | racist/xenophobic/etc while hailing from countries that literally
       | won't allow you to become a citizen unless your genetic parents
       | are from there is insane. It's obviously not a monolith of people
       | but it does become tiresome hearing about how the US is a
       | byzantine of immigration as if there is some obligation for US
       | citizens to adopt every nation while the other side of the mouth
       | explains how racist the US is and all the while the nations large
       | swaths of immigrants are coming from won't let US citizens hold
       | their passport unless they are multimillionaire investors.
        
         | chupkarkhotay wrote:
         | I recommend reading "This land is our land" by Suketu Mehta:
         | 
         | https://us.macmillan.com/books/9780374276027/thislandisourla...
         | 
         | You cannot compare policies with any random country - most
         | immigrants pick the countries that have already hoarded all the
         | wealth over centuries by waging and funding wars. In light of
         | that history, the US should do a lot more than bend over
         | backwards as reparations.
        
         | Aperocky wrote:
         | > obligation for US citizens to adopt every nation
         | 
         | The legal immigrants that came here are mostly self-supporting
         | people whose taxes and spending supports a lot of US citizens.
         | 
         | Therefore your statement is almost entirely reversed, it is
         | beneficial to the country that these people join us here.
         | 
         | Of course, we can kill the H1B program entirely. Businesses
         | will find a way, except this time all of the aforementioned
         | taxes and spending will happen somewhere else. Sundar Pichai,
         | Elon Musk, Sergey Brin, Satya Nadella, they'll all work
         | elsewhere, along with millions of other people in the tech
         | community.
        
       | gumby wrote:
       | what an exhausting but gripping example of how the immigration
       | system is Byzantine and absurd.
       | 
       | I am in the grips of it now: my ex and I both filed to renew our
       | green card within a week or so of each other in early 2021. She
       | received her replacement card in less than six weeks. According
       | to the USCIS web site I still have at least another eight months
       | to wait.
       | 
       | Meanwhile I can't even get a stamp in my passport to indicate my
       | status (so that I can travel): I arranged for such an appointment
       | but when they finally called to tell me when it was instead to
       | tell me that there are no appointments available.
        
       | kamaal wrote:
       | The most important part of this hasn't even been mentioned yet.
       | He is lucky to have even gotten this far.
       | 
       | Most Indians don't. In fact, the default, like he mentions go in
       | the 'Deportation parties'.
       | 
       | Most Indians return, in fact nearly all.
       | 
       | It's the luckier ones who make it even this far. As much as crazy
       | this sound, I envy this guy. It's basically a giant life lottery.
        
         | TheArcane wrote:
         | > Most Indians return, in fact nearly all.
         | 
         | Source?
        
       | sct202 wrote:
       | I think it's really eye opening to me that he still only got a
       | green card so far after 18 years. He's been going thru
       | immigration hoops in the US for as long as it would take to raise
       | an adult.
        
         | sg47 wrote:
         | 20 years here and no GC yet. The immigration system is a
         | disaster. Upwards of$2 million in taxes to still be treated as
         | a temporary worker.
        
           | lotsofpulp wrote:
           | And yet if you had $500k or $1M as a lump sum years ago, you
           | could simply have bought your way into the US with an EB-5.
           | 
           | $900k or $1.8M now:
           | 
           | https://www.uscis.gov/working-in-the-united-
           | states/permanent...
        
             | 22SAS wrote:
             | It got changed to $800K minimum in March 2022.
        
               | lotsofpulp wrote:
               | Thanks for the update. Interestingly enough, the targeted
               | employment area (TEA) amount was brought down from $900k
               | to $800k, but the non TEA amount was brought down all the
               | way from $1.8M to $1.05M, with both figures to be
               | adjusted per inflation every five years.
        
           | usrn wrote:
           | There are multiple groups involved here. Some of us don't
           | want that many immigrants, for us the immigration system is
           | only a disaster because of the high rate of illegal
           | immigration.
        
       | cletus wrote:
       | This is a really good account of the immigration system. I've
       | gone through this myself. My path was significantly easier. As an
       | Australian citizen, I got an E3 instead of an H1B. This is both
       | easier to get and has no uncertainty with a lottery. Technically,
       | there's a quota (10,000 per year) but that cap has never been
       | hit. Also, I'm not born in one of the countries that has a
       | ridiculous long wait like the author.
       | 
       | Still, my green card was delayed by a random audit. They do this
       | deliberately so people don't learn to game the system. At that
       | time, an audit added 18 months to the petition processing so
       | overall my green process took almost 3 years.
       | 
       | The author accurate describes just how arbitrary, uncertain and
       | punitive this process is. His example of having to go get a visa
       | stamp in the Bahamas and potentially not being allowed to reenter
       | the country. It's also worth noting that H1Bs have different
       | reentry permissions based on your country of origin. IIRC a
       | mainland Chinese born coworker told me he could only renenter the
       | US on his H1B for the first year of each 3 year H1B.
       | 
       | The author also portrays the necessity that you need to learn an
       | awful lot about how the immigration system works. All of what he
       | said rang true and I only had one issue with one thing he said.
       | 
       | His move of resigning right when getting his green card is a
       | dangerous one. He mentions this and also mentions how you can be
       | subject to claims of immigration fraud. In his case it was for
       | potentially extending his stay at Amazon. This is true. But
       | immediately leaving a job after getting a green card can come
       | back to haunt you if you ever apply for US citizenship because at
       | that time, possibly years later, they can still view this as visa
       | fraud.
       | 
       | So how long do you need to stay in a job to avoid this? Like so
       | many things in the immigration system, it's unclear. Many lawyers
       | will give you advice to stay for at least six months to
       | demonstrate your intent but this is a discretionary test so
       | there's no hard-and-fast minimum.
       | 
       | Even looking to change jobs (including founding a startup) while
       | your petition is being processed can be a red flag as far as visa
       | fraud goes.
       | 
       | So if anyone is in a similar boat, here's my advice to you: don't
       | even look for jobs in this stage. Get your green card in your
       | hands, celebrate the end of probably a long journey, give it a
       | few months and then consider your options.
        
       | [deleted]
        
       | someotherperson wrote:
       | Even going to the US as a non-immigrant is totally broken at the
       | moment. If you don't qualify[0] for an ESTA (visa waiver) then an
       | appointment for a tourist visa in the US can be upwards of 200
       | days in some places (i.e Australia or Netherlands). An
       | appointment at the consulate in Toronto is 429 days away if you
       | were to book today.
       | 
       | That's not the processing time, that's literally just the
       | appointment you need to make as part of the application. There is
       | additional processing time added to that if it is successful.
       | 
       | You can plug some cities in here[1] to see how long it would
       | take.
       | 
       | [0] If you've visited several countries in the MENA region since
       | 2011, have ever held one of their passports or are not flying on
       | a passport from one of the 40 countries listed here:
       | https://travel.state.gov/content/travel/en/us-visas/tourism-...
       | 
       | [1] https://travel.state.gov/content/travel/en/us-visas/visa-
       | inf...
        
         | dhruvarora013 wrote:
         | And that's if you can find an appointment at all. It's over 150
         | days here in Ireland and you have to check the portal pretty
         | much daily to try your luck. I've been waiting for two months
         | already and can never land one!
        
         | keyme wrote:
         | Even _with_ a tourist visa that I got years back it isn 't
         | smooth going into the USA anymore (as a shithole-country
         | passport holder). I went many times, but last time I got "the
         | room", for absolutely no reason, and nothing was asked of me
         | but the standard questions. It only took hours in an
         | intimidating setting.
         | 
         | USA, you're just another country. Next time I'll take my
         | tourist money elsewhere.
        
           | throwaway1183 wrote:
           | As a citizen of another shithole-country passport holder
           | (living in country other than US) I can't agree more. I don't
           | get why people make it as if USA is the only beacon of hope.
           | It's just another country.
           | 
           | Now that the world is diversified, globalized and everything
           | is connected with the internet, I don't understand why people
           | have to cling so much to the American idea of success. Are
           | people living outside really that unsuccessful? I don't see
           | any problem with what USA is doing. It's their country, let
           | them do their thing. As long as US is open to trade and
           | exchange, everyone is winning! They made so many great things
           | and everyone can reap benefit out of it.
           | 
           | I hypothesize that it's the generational problem that got
           | passed to other people because of globalized world. Everyone
           | has equal access of information. Just 20 years ago, when
           | people had less information, they were probably more content
           | with the local things. But the result of globalization is
           | people tend to be blinded. They starting ignoring
           | opportunities. I realized that even few people from rich
           | country think that it's only in the US where they can be
           | successful.
           | 
           | I feel it's like how people moved from farms to cities then
           | to another countries. Now the time has changed and the new
           | city is US. I think every place has their own flaws and
           | gains, but life will just keep on going. I believe we should
           | learn to be more gratuitous and be thankful for what we have.
           | 
           | On the sidenote, congrats to author getting the card!
        
         | Miraste wrote:
         | It's probably working as designed. Most people in ESTA
         | countries qualify. The list of country visits that disqualifies
         | you is North Korea, Iran, Iraq, Libya, Somalia, Sudan, Syria,
         | and Yemen, all places where the US is hostile to the government
         | or a major indigenous rebel/terrorist organization. The US
         | government won't ban you outright for going there, but they're
         | happy to deprioritize you.
         | 
         | Compare with China, a non-ESTA country that makes the US a lot
         | of money. The wait time for a visa appointment in Beijing is
         | two days.
        
           | dhruvarora013 wrote:
           | There are citizens of countries that need visas that live in
           | primarily ESTA countries. This is a larger demographic than
           | you think!
        
           | smnrchrds wrote:
           | > Most people in ESTA countries qualify
           | 
           | Correction: most _citizens_ of ESTA countries qualify. For
           | example, approximately three million Canadian residents are
           | not citizens of Canada (they have work permit, study permit,
           | or permanent residence permit instead). Wait times for a visa
           | appointment from Canada are about 1 to 1.5 years now.
           | 
           | Fun fact: permanent residents of the US can visit Canada
           | without needing a visa, but this is not reciprocated.
           | Permanent residents of Canada need a visa to visit the US,
           | unless their country of citizenship is one of the ESTA
           | countries.
        
           | nivenkos wrote:
           | There's a load of countries that don't qualify for the ESTA
           | though.
           | 
           | It's stopped us having conferences in the US because non-EU
           | nationals working in Europe can't get US tourist visas in
           | time.
        
       | renewiltord wrote:
       | The comments here in this thread illustrate why unions are so
       | dangerous. So many Americans subscribe to the "we are full" and
       | "why should I lower my wages" arguments against immigration. On
       | their own, they're flaccid. If unionized they would be powerful.
       | Better that software engineer unions never see light lest they
       | behave like unions of old did and turn their ire on immigrants.
       | 
       | Read here about the history of existing immigration policy and
       | its roots in union anti-immigration policy
       | https://core.ac.uk/download/pdf/5124597.pdf
        
       | itissid wrote:
       | One of the constant dichotomies that i(and maybe other
       | immigrants) live with are these: The privilege of being a model
       | minority [1] [2] yet being on the edge of having to lose it all
       | if the immigration system shits itself. One might be a senior
       | software engineer paying 100K + in taxes and probably drive EVs
       | and own a home, your largest infraction are parking tickets, yet
       | the risks are asymmetric; the whims of bureaucrats and a border
       | guard who is having a bad day. The purchasing power parity of my
       | $$ salary affords me secure a comfortable financial future, but
       | these are golden handcuffs; You cannot always work for the
       | companies you want because if the company goes bust and you
       | chance to lose a lot.
       | 
       | These are the dichotomies I(and many immigrants) have had to live
       | with. Time is a great healer of things and over time and with
       | financial cushions the dichotomy might fade, I am still not sure
       | it completely goes away. One can only think of the present and
       | make the best of it.
       | 
       | [1] https://www.theatlantic.com/magazine/archive/2021/01/the-
       | mak... [2]
       | https://www.google.com/books/edition/The_Karma_of_Brown_Folk...
        
         | notch656a wrote:
         | >a border guard who is having a bad day.
         | 
         | This is not to be understated.
         | 
         | I was born a US citizen. Last time I entered the country,
         | officers faked that a dog had alerted "on my anus", forcibly
         | strip searched me, and fabricated a story that plastic baggies
         | that they suspected 'could be drugs' were coming out of my ass.
         | 
         | I was shackled and cuffed and dragged around the state of
         | Arizona for 16 hours while publicly paraded in Hospitals,
         | including the waiting rooms. Officers attempted repeatedly,
         | across two different cities one hour apart, to get medical
         | staff to perform unwarranted and consentless x-rays and/or
         | probing of my body, which I repeatedly refused. Doctors,
         | despite having zero medical evidence I had did anything wrong,
         | wrote on their paperwork I was 'suspicious' because I denied
         | the allegations.
         | 
         | After 16 hours of this harassments I was release, uncharged,
         | with no apologies.
         | 
         | On yet another occasion, I was told by border officials they
         | would not let me in my own country, despite providing full
         | proof of citizenship (immaculate condition passport, plus
         | identifying myself fully). After 4 hours of probing questions
         | including going practically line by line on what's on the IRS
         | 1040, most of which I didn't answer, I was released.
         | 
         | Now imagine this same happening, legally entering the country
         | at the proper port of entry with full authorization -- except
         | as not a citizen or looking like a boring middle-class corn-fed
         | white guy like me. These sick fucks would treat you even worse.
         | A woman (actually a citizen) who went through a few years
         | before me brutally had her orifices probed in a 'search' for
         | 'contraband.'[0]
         | 
         | [0] https://www.courtlistener.com/docket/6451513/cervantes-v-
         | uni...
        
           | ROTMetro wrote:
           | I was super upset after visiting China and returning to the
           | USA. Our immigration people were so much more authoritarian
           | scary than the Chinese had been. And the Chinese had this
           | cool smiley computer interface where you rated the chinese
           | immigration official for their interaction on the spot. So
           | China was not only friendlier and more welcoming, but also
           | more accountable. We really need to check ourselves in
           | America. Our Federal Government is out of control (I say this
           | as someone who was failed by the Courts only to have them
           | completely reverse themselves with respect to their rulings
           | against me when COVID came because it would have been
           | inconvenient to follow their precedent because people would
           | die so they finally had actually follow the law, not the
           | Bureau of Prison's Court supported 'interpretation' of the
           | law, and as someone who was abused (I guess we no longer use
           | the torture term) while incarcerated).
           | 
           | I can't imagine the horror of having the Feds have so much
           | power over my life as an immigrant does. Or the fact that you
           | can loose it all in a heartbeat (as happened to my friends in
           | the bay areas in the 90s when they lost their jobs and their
           | VISA sponsors).
        
             | tablespoon wrote:
             | > I was super upset after visiting China and returning to
             | the USA. Our immigration people were so much more
             | authoritarian scary than the Chinese had been. And the
             | Chinese had this cool smiley computer interface where you
             | rated the chinese immigration official for their
             | interaction on the spot. So China was not only friendlier
             | and more welcoming, but also more accountable.
             | 
             | I've seen those machines at Ikea in the US, though they did
             | seem more common in China.
             | 
             | However, it's almost unbelievably superficial to rate
             | "authoritarianess" by the anecdotal cheeriness of front
             | like officials.
        
             | foogazi wrote:
             | > And the Chinese had this cool smiley computer interface
             | where you rated the chinese immigration official for their
             | interaction on the spot.
             | 
             | TBH I think I would click the smiliest smiley in any
             | foreign country
        
             | daniel-cussen wrote:
             | Yeah I don't know most of the TSA was just doing their job
             | the best they could. I've come to respect their mandate a
             | lot, reading the history of aviation and how it's all a
             | crazy game to not go splat. It's not the fact of traveling,
             | it's the fact of traveling ON AN AIRPLANE. Everything about
             | it. The basic nature of aviation is it's closely tied to
             | suicide. It's like interwoven with suicide. They are the
             | two threads of one fabric, that give it a color in between,
             | like cloth woven with gold. It's really goddamn dangerous
             | to fly, you're relying on so many parts to work right,
             | despite letting random guys on the street in their pijamas
             | on board with their cellphones, and asking for fucking
             | internet connectivity, no.
             | 
             | I'm completely with Louis CK on this one. We should all fly
             | strapped down completely, upright, I guess with slightly
             | bigger windows as a compromise, realizing the fact of
             | flight and being like "I am flying through the air at
             | nearly the speed of sound, crossing continents and oceans
             | in a mere matter of hours". Just respect it a fuck of a lot
             | more, if flying were easy we'd have flown much sooner. In
             | fact rockets are much older and easier to make than flying
             | machines, rockets got started a little after gunpowder,
             | about the time of the Mongol invasion, and flying machines
             | date to the turn of the century. People think rockets are
             | harder because the space race came after the big
             | improvement in plane speed, nah. Well they're studied
             | together, aero-astrophysics. Basically not going splat.
             | 
             | So 9/11 was about going splat. That's literally what it
             | was, Muhammad Ata and his conspiracy of Al-Qaeda Sunni
             | Muslims decided, let's all go splat with a big plane, at
             | the same building, at the same time. And they did! Because
             | the whole difficulty of flying is not going splat, going
             | splat on purpose is easy (although they were artistic about
             | it, did a lot of difficult maneuvers). Suicide and
             | aviation, interwoven.
             | 
             | So back to TSA, I don't know they actually respond well
             | when you ask them about anything, or thank them for keeping
             | the planes from falling out of the sky. It's not a
             | transportation or border thing, it's an aviation thing.
             | 
             | And one time, when I was repatriating to the states, an
             | agent asked me like what company did you work for, I never
             | heard of that company. As though it mattered, resumes are
             | irrelevant to citizenship once you have it. So yeah there
             | are moments that are rougher. I think I've had good luck.
        
           | ddorian43 wrote:
           | Why did you deny an x-ray? I understand anal probing but
           | don't understand x-ray?
        
             | notch656a wrote:
             | "Why wouldn't you just consent to an intimate unwarranted
             | and unjustified search of your body that is completely
             | medically unnecessary, with the expectation that the
             | hospital will probably send you the bill afterwards?"
             | 
             | Every single 'search' along the way was used to fabricate
             | evidence against me. Remember these people are professional
             | psychopathic liers so every inch you give them, they just
             | use it to justify something even worse.
             | 
             | 1) The dog -- never alerted -- they lied and said it
             | alerted on my anus (WTF!?!). Used to justify a scan of my
             | body with some x-ray looking machine at the border.
             | 
             | 2) The "machine" (IDK what it was, but looked like a body
             | scanner type thing) -- there was nothing, but then someone
             | claims they "Saw something" which turned out to almost
             | assuredly to have been my belt buckle.
             | 
             | 3) The machine was used to justify strip searching me.
             | 
             | 4) Fabricated evidence from the strip search was used to
             | justify dragging me to hospitals for an x-ray.
             | 
             | Now what was to be expected next? It just doesn't end. I
             | did nothing wrong.
        
               | jka wrote:
               | I believe it, and that's a heinous series of events.
               | Perhaps someone got confused, or there was an identity
               | mismatch, or something. They're no excuse, but clearly
               | something happened.
               | 
               | It's understandable (and not necessarily wrong) to vent
               | here, and I'm not going to ask whether you have done this
               | already, because it's not useful to draw out an answer,
               | but: if you can, find the relevant anti-corruption agency
               | and report the events to them.
               | 
               | There's a chance that doing so might increase the
               | likelihood of harassment again in future -- I have no
               | idea how these things show up on border entry systems --
               | so it's your choice, but the key idea is to get a paper
               | trail in place that will show up if (and hopefully when)
               | investigations are later taking place.
               | 
               | I haven't worked in law enforcement, but I imagine that
               | the same way that good policework involves collecting
               | statements and records of events to put together a case,
               | internal (or independent) investigations into misconduct
               | require similar records. The ability for individuals to
               | get away with bad conduct is, I'd guess, based on people
               | believing that it's not worthwhile to file reports
               | against them. They do get caught when they are.
        
               | notch656a wrote:
               | Appreciate the advice.
               | 
               | >There's a chance that doing so might increase the
               | likelihood of harassment again in future
               | 
               | I'm probably already at max likelihood already. I am
               | detained 4+ hours everytime I enter the country. In 2015
               | I fought alongside the Kurdish militia YPG in northern
               | Syria against ISIS, and ever since the CBP has targeted
               | me. There is a flag on my passport that basically says
               | 'harass him' as best as I can tell.
               | 
               | >if you can, find the relevant anti-corruption agency and
               | report the events to them.
               | 
               | Still in the process of filing the complaints against the
               | relevant medical professionals who violated patient
               | consent. I am currently working in order of operations
               | from where I expect justice to be most likely (complicit
               | medical workers) to where I expect justice to be
               | impossible (CBP officers).
        
               | jka wrote:
               | You're welcome. That's a tough situation; I don't know if
               | there's much I can say.
               | 
               | Sounds like you've got a good, considered approach, so
               | keep up the work to improve the environment and keep in
               | mind other ways you can develop (and enjoy) your time is
               | probably the best platitude I can offer (and one you
               | probably already understand).
        
               | ROTMetro wrote:
               | Maybe 20 years ago the system worked, but it does not
               | work currently. While I was incarcerated all of the
               | decent COs quit or descended into drug/alcohol abuse if
               | they had to keep the job. One was like 2 years from
               | retirement and he just couldn't work in such a messed up
               | system anymore. We had one counselor who actually helped
               | people. They demoted here to a horrible work situation
               | because she was helping people with COVID release
               | paperwork because we had no access to the law library due
               | to COVIDE. It was actually part of her job description to
               | provide that help with copies (and optionally charge us
               | per copy depending on if we were indigent), but that
               | didn't matter. She was too helpful so she had to go.
        
               | notch656a wrote:
               | It's also worth noting that the COs you refer to are part
               | of a jobs pipeline that feeds into immigration related
               | officers. Immigrants will be treated by the same COs you
               | met while incarcerated, and this time there is not even
               | the pretense there has been a 'justified' conviction.
               | 
               | Criminal 'justice' in US is in dire need of overhaul, and
               | an actual plan on how to get our imprisonment rate down
               | to other first world nations.
        
               | ROTMetro wrote:
               | Don't forget the 'good faith' deference that the Courts
               | give to these people. They can lie, you can have actual
               | evidence to show they are lying, but the court will
               | extend 'good faith' to their testimony and hold it above
               | the facts you demonstrate. Reality can literally be
               | trumped by their lies. The USA has gone crazy in its
               | support of the authorities. Oh, what, your evidence
               | wasn't kept secure, and no one filled out any of the
               | required logs of who took it out? Well, we'll throw out
               | all of the rules and still accept it, because we extend
               | 'good faith' to the officers. Why even have rules then if
               | the officers aren't required to follow them and they know
               | they will be given an excepts because of 'good faith'
        
             | gumby wrote:
             | The commenter had done nothing wrong, and anyway had no
             | need for gratuitous exposure to radiation.
             | 
             | If you look at your comment, apart from the 4th amendment
             | issues, it's kind of like a "have you stopped beating your
             | spouse?" kind of question.
        
               | tablespoon wrote:
               | > The commenter had done nothing wrong...
               | 
               | Honestly, I'm not so sure about that, given the
               | commenter. IIRC, in a couple of previous threads they've
               | taken pretty strong positions that they'll do what they
               | want regardless if the law says it's illegal and they're
               | risking jail. Given that, I wouldn't be surprised if
               | there was some suspicious or belligerent behavior on
               | their part that they left out of the story.
        
               | notch656a wrote:
               | You know it all don't you, even though you weren't there?
               | Care to use your 'belligerence behavior' to embellish
               | more tales?
               | 
               | >they'll do what they want regardless if the law says
               | it's illegal and they're risking jail
               | 
               | So go ahead and quote that, assuming it was said, and go
               | on and explain where it creates articulable probable
               | cause for an x-ray.
               | 
               | I honestly can't believe I'm even responding to this
               | victim-blaming garbage. Try reading Ms. Cervantes
               | complaint, who's circumstances were incredibly similar to
               | mine but she was treated even worse, and think again
               | about your opinion here.
               | 
               | https://storage.courtlistener.com/recap/gov.uscourts.azd.
               | 985...
        
               | tablespoon wrote:
               | > You know it all don't you, even though you weren't
               | there? Care to use your 'belligerence behavior' to
               | embellish more tales?
               | 
               | The situation is this: I don't know what happened, but I
               | also don't trust your account of what happened.
               | 
               | >> they'll do what they want regardless if the law says
               | it's illegal and they're risking jail
               | 
               | > So go ahead and quote that, assuming it was said,
               | 
               | Here you are advocating that convicted felons should
               | manufacture guns that would be illegal for them to
               | possess: https://news.ycombinator.com/item?id=29985376
               | 
               | Here you are claiming that you would continue to trade
               | cryptocurrency from a prison ass-phone, in a hypothetical
               | world were it was illegal:
               | https://news.ycombinator.com/item?id=29922956
               | 
               | > and go on and explain where it creates articulable
               | probable cause for an x-ray.
               | 
               | Why? I never claimed that at all.
        
               | notch656a wrote:
               | 1) A felon can in fact legally manufacture certain
               | firearms, such as working replica black powder rifles and
               | pistols. These are not covered under federal law.
               | 
               | 2) I stand by my belief that felons ought to be able to
               | protect themselves with firearms of any type.
               | 
               | 3) My belief that felons have 2nd amendment rights is not
               | probable cause of having drugs.
               | 
               | 4) There's no nexus by which officers inventing an alert
               | or falsifying evidence is justified by my exercising of
               | my first amendment right regarding belief in second
               | amendment right of felons.
               | 
               | >Here you are claiming that you would continue to trade
               | cryptocurrency from prison, in a hypothetical world were
               | it was illegal:
               | https://news.ycombinator.com/item?id=29922956
               | 
               | Again not probable cause of possessing drugs.
               | 
               | Your whole argument is a red herring. None of this is
               | probable cause for possessing drugs.
               | 
               | >Why? I never claimed that at all.
               | 
               | So how is this even relevent? None of this first
               | amendment protected activity and opinions provide any
               | legitimacy to falsely accusing someone of having drugs up
               | their ass.
        
               | tablespoon wrote:
               | > 1) A felon can in fact legally manufacture certain
               | firearms, such as working replica black powder rifles and
               | pistols. These are not covered under federal law.
               | 
               | That thread was not discussing "replica black powder
               | rifles." It was discussing stuff like the FGC-9
               | (https://en.wikipedia.org/wiki/FGC-9), under the
               | assumption that guns like that were illegal for felons to
               | possess.
               | 
               | > Your whole argument is a red herring. None of this is
               | probable cause for possessing drugs.
               | 
               | I never said nor thought it was "probable cause for
               | possessing drugs." It's evidence of an attitude, and
               | attitude affects the probability of certain behaviors
               | that you may have not reported in your account.
        
               | notch656a wrote:
               | 1) I never directed a felon to manufacture a FGC-9,
               | although I would be pleased to find out they had. At
               | various times I have praised the idea of felons and
               | prohibited possessors carrying, which by the way can be
               | done completely legally for example by carrying a black
               | powder six shooter that will work as good as any other
               | revolver.
               | 
               | 2) Felons can in fact legally own and manufacture modern
               | firearms after having their rights reinstated.
               | 
               | 3) Felons can in fact own firearms legally by leaving the
               | jurisdiction of the united states.
               | 
               | 4) None of this first amendment protected opinions
               | provide any justification at all for CBP officers faking
               | a dog alert or manufacturing evidence during a strip
               | search.
               | 
               | >It's evidence of an attitude, and attitude affects the
               | probability of certain behaviors that you may have not
               | reported in your account.
               | 
               | Ergo illegal detention and causeless strip searches
               | (which even at border require PC) are justified?
        
           | lmarcos wrote:
           | And that's another reason I will never visit the USA.
        
             | daniel-cussen wrote:
             | I know an intellectual, talking about Harvard inviting him
             | to go talk there, and he was like nah, traveling to the
             | States is too hard. Too much security, too painful, flying
             | hurts. It's not the same America it was back then, either,
             | the Rolling Stones in New York type of thing. A lot of
             | anymosity.
        
             | Maursault wrote:
             | Me either. That's why I live in the Commonwealth of
             | Virginia where I enjoy strong mental health patients'
             | rights. Of course, this also means living without 4th or
             | 5th Amendment protections.
        
             | mistertester wrote:
             | No one cares
        
       | vpl0512 wrote:
       | I am sailing in the same boat. Except that I am still waiting to
       | be liberated with a Green Card. Its outrageous that there is
       | still a big racism on the name of "Per-country" caps for a
       | common-sense high skilled immigration system in the country like
       | USA who makes a tall claim of being "Equal-Opportunity" country.
       | A Pizza-delivery guy from Non-India/Non-Chinese place of birth
       | can get his citizenship before atleast a decade than the person
       | of Indian/Chinese original who filed on the same day. Its 2022, 4
       | administration went away since 2007 who made claims of changing
       | the immigration system. Let's see how long do we wait to suffer.
        
         | geodel wrote:
         | LOL. I could sympathize otherwise.
         | 
         | But here this could be case of of person less talented the
         | pizza delivery person, having very classist attitude, looking
         | to settle in explicitly racist country by their own admission.
        
       | ab_testing wrote:
       | One thing the author did not mention is that there is a huge
       | wastage of green cards every year by US immigration authorities.
       | That wastage compounds the problem faced by immigrants.
       | 
       | The wastage works like this - 1. Every country is allocated an
       | equal number of visas per year .
       | 
       | 2. However a lot of smaller countries do not come close to
       | utilizing their full visa allocation
       | 
       | 3. The remaining visas can be allocated to the backlogged
       | countries (mostly India and China)
       | 
       | 4. The law also allows for the utilization of unused family based
       | visas to be given to employment categories if there are backlogs.
       | 
       | 5. However the Us government gets a fixed amount of time to make
       | that allocation . If they do not do that allocation in the
       | correct time period then those visas are wasted.
       | 
       | Just as an example last year, USCIS wasted around 50K visas and
       | this year they are on track to almost waste 85K visas.
       | 
       | Looking at these numbers, it looks like a manufactured crisis to
       | keep employment based immigrants in a constant state of flux so
       | as to limit job hopping and limit their pay negotiation options.
        
         | gumby wrote:
         | > Looking at these numbers, it looks like a manufactured crisis
         | to keep employment based immigrants in a constant state of flux
         | so as to limit job hopping and limit their pay negotiation
         | options.
         | 
         | Occam's razor suggests that, given how fucked up DHS, and USCIS
         | in particular is, private sector pay negotiations is well below
         | their noise floor.
        
       | programmertote wrote:
       | It took me also ~18 years to get my green card. I went through a
       | very similar (almost identical) route as the blogger and I'm glad
       | he documented this grueling experience. I went to college in the
       | US; graduated in 4 years; worked with OPT for 2.5 years; went
       | back to a PhD program because my then employer wouldn't sponsor
       | me an H1B (according to them, they are a start-up and cannot put
       | up with the legal burden and cost of sponsoring me, who is the
       | only immigrant at the company); earned my PhD and went to work
       | for a Fortune 100 company; got selected in the H1B lottery on the
       | first attempt; waited 2 more years for my employer to decide that
       | I'm worthy of their green card sponsorship; waited 4 years in the
       | green card application process (thanks partly to COVID delays and
       | thanks partly to the immigration law firm, Fragomen, which not
       | only screwed up with my PERM filing once but also was very slow
       | in preparing the application--probably intentionally because
       | there was no one at my company who is holding Fragomen
       | accountable back then; my company since then moved to PwC for
       | immigration matters although I'm not sure if that improves things
       | for the immigrant workers there) to finally get one.
       | 
       | I went back home twice in that 18 years because I was always
       | afraid that I might not be allowed back in the US when I renew my
       | visa (F-1 student visa or H1B work visa) at the local embassy in
       | my home country.
       | 
       | If I could turn back in time, I'd have gone to Canada to not have
       | to deal with this. Or I should have married a US citizen to make
       | my path to green card easier, or even applied for asylum using my
       | country's political situation as a cover (I didn't do either
       | because I thought these are dishonest *for my situation*; there
       | are a lot of people from my country who do either of these
       | things). Legal immigration (including work visa and green card)
       | is very difficult in the US.
        
         | renewiltord wrote:
         | Fragomen is junk. We used them for a guy and they goofed half
         | the information. It was an easy fix, but come on, just work in
         | the first place.
        
         | BeetleB wrote:
         | I don't mean to annoy you, but it sounds like it took you 6
         | years once you actually got a permanent job (although even 6
         | years is too much!). The years as a student don't really count.
        
           | burtness wrote:
           | This reifies the view of the system. Particularly the time
           | spent as a PhD would be spent doing meaningful work
           | contributing to the country. This is if we accept that the
           | time spent as a student living in America making connections
           | with people as your life develops as a young adult deserve to
           | be waived away. Yes the system doesn't count them but we
           | shouldn't count the cruelty of a system just on its own
           | terms.
        
         | rayiner wrote:
         | Most of my family went to Canada and Australia instead of
         | following us to the US. Vastly better process.
        
       | polotics wrote:
       | Stockholm syndrome much? What a horrible sad story. I felt pain
       | each time the author mentioned being elated or joyful. One hard
       | working Asian gets mistreated by the Land Of the Free, the mother
       | of his child subjected to completely needless stress in the worst
       | possible months of her pregnancy, and for what?
        
       | quantumwannabe wrote:
       | Note that India requires prospective citizens to live in the
       | country for 12 years before applying for naturalization, and
       | China doesn't allow non-ethnic Chinese immigration at all (only
       | ~1500 naturalized citizens/10,000 permanent residents in the
       | whole country of over a billion people). Something to keep in
       | mind when people from those countries complain about the American
       | immigration system (doesn't apply to the Singaporean author of
       | this article, but does apply to some of the other commenters).
        
         | magtux wrote:
         | Are you responsible for everything your Government does ? I
         | would hope not. People need to be treated individually. I
         | thought that was the entire point of liberal democracy.
        
           | bbarnett wrote:
           | Yes! You are responsible, but more like responsible for the
           | actions of your child, or, an object you own like a house.
           | 
           | You are not at _fault_ , if you are a good parent, or if you
           | maintain your house well.
           | 
           | So if the child breaks the law, or damages something, if the
           | house has a weakness not known but someone gets injured, you
           | are responsible.
           | 
           | But the due dilligence, such as disciplining, teaching, and
           | trying to instill good values in a child, or inspecting and
           | maintaining your house, are key.
           | 
           | With a democracy, participating, voting, being an activist on
           | vital matters, working to keep your democracy responsible and
           | behaving correctly is that same due diligence.
           | 
           | We're always responsible, but are we at fault? Did we do our
           | best?
           | 
           | Or did we decide that taking care of the child was too much
           | bother, and disappear from their lives?
           | 
           | Did we _try_ , at least?
           | 
           | And twitter posts, facebook this and that don't count here.
           | 
           | Because, would that be how you raise a child? Deriding them
           | on twitter? Yelling at other parents because it was their
           | fault?
        
             | guerrilla wrote:
             | Alright bro then I'm holding you personally responsible for
             | everything on this list: https://github.com/binka/essays/bl
             | ob/master/us_atrocities.md
        
             | magtux wrote:
             | My man, I hope you're not American because the world has a
             | laundry list of complaints against America. People care
             | about different things to different degrees. You compromise
             | on who you think is the closest to your positions. In a
             | country of 1.3B people, there is always divergence of
             | opinion and in fact nearly no-one would have even thought
             | about immigration as a concern when voting.
             | 
             | There is a difference between the personal things you can
             | influence and being the 1/13000000th voice of the people.
        
         | rayiner wrote:
         | As an immigrant to the US, I hate the double standards applied
         | to Americans. Oh, you think Americans are racist for wanting to
         | restrict immigration? How would people in India react to
         | massive immigration from Africa?
        
           | random314 wrote:
           | Lots of loaded statements here.
           | 
           | Immigrant describes his immigration situation.
           | 
           | Your response
           | 
           | 1. How dare you complain
           | 
           | 2. I am going to pretend you called Americans racist.
           | (Wattabout Indians being racist)
           | 
           | You or your parents being immigrants is no excuse for your
           | crude behavior.
        
         | spyremeown wrote:
         | Yea, but the USofA is supposed to be the land of the Free, all
         | kinds of free, not just "you were not born here"-type free. The
         | whole "give me your sick, your poor..." etc vibe.
         | 
         | It's a little ironic at the very least that it's so hard to get
         | into the United States, given its history.
        
           | foobarian wrote:
           | I think the times of unclaimed land up for grabs are long
           | over, and people need to get used to a steady state
           | environment that the rest of the world has been in for
           | millenia.
        
             | random314 wrote:
             | There has never been a steady state. The "unclaimed land"
             | you speak of was actually claimed by native Americans, who
             | have now been eliminated.
        
           | [deleted]
        
         | codegeek wrote:
         | I never understand this argument. If someone leaves their
         | country to migrate, aren't they looking for a better life ?
         | Just because India requires you to live for 12 years, Indian
         | citizens should just shut up/put up with 18+ years of waiting
         | because their country of origin has it worse/same ? This sounds
         | a lot like "We gave you US citizenship. So shut up and stop
         | criticizing the Govt because you came from a 3rd world country
         | even though you are now a citizen of this country". So much for
         | 1st Amendment or does it not apply to naturalized citizens ?
        
           | BeetleB wrote:
           | I think it's simply fair to provide context and compare with
           | other countries. While the US immigration process sucks
           | compared to many countries, it very likely is in the top half
           | of the world - most countries are simply worse.
           | 
           | I've lived in places where you have a zero chance of getting
           | permanent residency, let alone citizenship. Even if you marry
           | a citizen.
           | 
           | A friend of mine lives in a similar country. On paper there
           | is a route to permanent residency, but no one gets it unless
           | they're well connected to a senior government official. Lots
           | of people living there for 30+ years who have to renew their
           | status every few years.
           | 
           | In parts of Switzerland, your neighbors will vote on whether
           | to grant you citizenship.
           | 
           | Of course - it is fair to criticize the US immigration
           | process - particularly in regards to Chinese and Indians.
           | It's also perfectly fair to be grateful that their is a path.
        
             | throwaway2037 wrote:
             | I've lived in places where you have a zero chance of
             | getting permanent residency, let alone citizenship. Even if
             | you marry a citizen.
             | 
             | Could your share the places?
        
               | BeetleB wrote:
               | I tend not to share personal history, so I'll randomly
               | pick one:
               | 
               | > Another country that is very difficult to receive
               | citizenship is Qatar. There are lengthy continuous
               | residence requirements and not all children or spouses
               | receive citizenship automatically.
               | 
               | > Children born in Qatar to Qatari parents are
               | automatically entitled to citizenship. Any person born
               | with a Qatari father may apply to be a citizen, if they
               | meet eligibility criteria. However, the same is not true
               | for individuals with a Qatari mother.
               | 
               | > People who qualify for permanent residence through
               | naturalisation are those who have lived in Qatar for at
               | least 20 years consecutively (if born outside Qatar) or
               | ten years (if born there).
               | 
               | > Applicants must be fluent in Arabic, hold good
               | character, and be able to support themselves financially
               | during their stay.
               | 
               | > Although there are very generous government benefits
               | available for citizens, the government only grants a
               | maximum of 100 permanent residencies per year.
               | 
               | So if you're male, marry a Qatari woman, your kids won't
               | even be citizens. While there technically is a process to
               | get permanent residency, you can see how limited it is -
               | a max of 100 per year, and I bet the majority of those
               | have government connections. Similar story with nearby
               | countries.
        
             | codegeek wrote:
             | Yes, just because someone is criticizing doesn't
             | automatically mean they are not grateful. But most comments
             | here are basically insinuating that. I am a naturalized
             | citizen and I love the USA. I love the opportunities it has
             | provided me and I am grateful but I also pay taxes, have
             | created jobs (business owner) and I have plenty to
             | criticize (to hopefully improve). Don't tell me to shut up
             | because I was "well came from a shittier country". This is
             | my country as much as yours.
        
               | BeetleB wrote:
               | The top comment wasn't telling anyone to shut up.
        
             | guyzero wrote:
             | I don't think China and India (or literally any other
             | country) ran saturday morning cartoons for decades talking
             | about the fact that their country was built by immigration.
             | There's a disconnect between America's rhetoric and its
             | actions.
             | 
             | https://www.youtube.com/watch?v=5ZQl6XBo64M
             | 
             | That said, as a green card holder, sure, I'm grateful that
             | the US has this process. But I think Americans need to also
             | acknowledge that they've generated trillions of dollars of
             | wealth from immigrants and they could make the paperwork a
             | little bit simpler.
        
           | lbrito wrote:
           | Its called Reciprocity and its a pretty well-established
           | concept in diplomacy: https://en.wikipedia.org/wiki/Reciproci
           | ty_(international_rel...
        
           | rayiner wrote:
           | It's the lack of perspective that annoys me. It's because
           | America is so accommodating of immigrants compared to the
           | rest of the world that you can talk like your ancestors built
           | the country the minute you take the citizenship oath.
        
             | random314 wrote:
             | It should be made clear to the new citizens that some
             | citizens are more equal than the others. /s
        
           | twofornone wrote:
           | Are foreign peoples entitled to US citizenship? Where is the
           | obligation to make the process easy and open to everyone
           | coming from?
        
             | guyzero wrote:
             | the standard response here is to ask which native american
             | tribe you're a member of.
        
               | BeetleB wrote:
               | The standard counter to that is "come and invade".
        
             | mirceal wrote:
             | you're looking at this from the wrong angle.
             | 
             | ask yourself: why would the US allow these people to come
             | and work here in the first place?
             | 
             | it's because they NEED them. from highly skilled tech
             | workers to "unskilled" low wage workers. Immigration and
             | pumping human capital into our economy is the way the US
             | stays/stayed? dominant and a superpower.
             | 
             | Close the pipeline and in 10-20-30 years innovation is gone
             | ,the edge we have us gone. The American dream fuels the
             | growth. Act shitty toward the fuel, scratch your head why
             | things fall apart.
        
               | formerkrogemp wrote:
               | We've already closed the pipeline. The talent is going
               | elsewhere. We're in decline now.
        
             | random314 wrote:
             | Were Europeans entitled to American land 500 years ago?
             | What did Columbus' visa application look like?
        
               | twofornone wrote:
               | So because this land was colonized 500 years ago (as it
               | was before Europeans arrived as well by the way, native
               | Americans were not pacifists), we shouldn't enforce
               | borders?
               | 
               | How much time must pass after a land is conquered before
               | nations are morally justified in enforcing sovereignty
               | over borders? Particularly when the border belongs to a
               | welfare state with finite resources and a host of
               | internal issues that require fixing.
        
               | random314 wrote:
               | We are talking about a less than 2 decade time horizon
               | for citizenship for immigrants who are propping up your
               | welfare state of birthright citizens with 100K$+ payments
               | in income tax every year.
        
               | car_analogy wrote:
               | So present-day immigration is a punishment for the
               | founding sin of the USA?
        
               | random314 wrote:
               | Immigration is what is propping this country's economy
               | up. It is a tremendous gift, not a punishment- unless you
               | are alluding to some wierd racial monoculture thing.
               | 
               | The idea is to not look at a gift horse in the mouth. And
               | stop punishing the most productive people in your
               | economy. You don't want brexit thinking if you want to
               | have an economy.
        
               | twofornone wrote:
               | >Immigration is what is propping this country's economy
               | up.
               | 
               | That's debatable.
               | 
               | >It is a tremendous gift, not a punishment- unless you
               | are alluding to some wierd racial monoculture thing.
               | 
               | Immigration is not free. There are social costs which are
               | being dismissed with shallow accusations of bigotry as an
               | alternative to engagement (as you are implicitly doing
               | with your monoculture reference). All peoples are
               | entitled to preserve their cultures, that a particular
               | nation happens to have a predominantly white population
               | does not erase this entitlement.
               | 
               | Cultures clash. Immigrants vote and potentially originate
               | from countries with incompatible cultures, many of whom
               | have no interest in assimilating, yet their votes
               | influence the laws that natives are obligated to follow.
               | If democracy is meant to represent the will of the
               | people, then it is unfair to dilute representation with
               | immigration from nations with totally different value
               | systems. Case in point is the ubiquitous middle eastern
               | treatment of women; how much influence do you want such
               | beliefs to have over your laws and cultural norms? Not
               | even getting to the statistically proven increase in
               | sexual assaults that native women have to suffer on
               | behalf of immigrants in certain European countries.
               | Consider it the paradox of tolerance.
        
             | Bhilai wrote:
             | Unless you are a native Indian I am going to assume if your
             | grand parents immigrated to this country and become
             | citizens here, yes?
        
               | Longlius wrote:
               | Not necessarily. My forebears came to this continent
               | before there was a country, roughly 400 years ago.
        
               | valarauko wrote:
               | For what it's worth, 400 years is about 14 generations,
               | and would constitute several thousand direct ancestors (~
               | 16K). Even accounting for pedigree collapse over the
               | generations, for the vast majority of (non-Native
               | Americans) Americans only a tiny sliver of those
               | ancestors would have been on the continent at the time,
               | if any.
        
               | twofornone wrote:
               | And? Personal anecdote has no bearing on the question of
               | whether or not foreigners are ethically or morally
               | entitled to immigration and citizenship, or whether the
               | process should be made easier.
        
             | pgcj_poster wrote:
             | Legally, the US doesn't have an obligation to to do
             | anything other than comply with the treaties it signs. It
             | would be within its rights as a sovereign nation to require
             | that everyone within its borders wear a rainbow wig and hop
             | around on one leg. However, that would be a stupid policy
             | that would make people's lives harder for no reason.
        
             | chupkarkhotay wrote:
             | https://us.macmillan.com/books/9780374276027/thislandisourl
             | a...
        
               | twofornone wrote:
               | >Written 'in sorrow and anger,' this is a brilliant and
               | urgently necessary book, eloquently making the case
               | against bigotry and for all of us migrants
               | 
               | If you have to hide your arguments behind accusations of
               | bigotry, you don't have a very good argument. Border
               | enforcement is about far more than blind xenophobia. Such
               | accusations are reductive appeals to ethos over logos.
        
             | codegeek wrote:
             | Not saying make it easy. Trust me, it is already extremely
             | hard. But I am replying to GP's argument which is basically
             | saying that you should shut up because you are coming from
             | a country which has worse. 2 different things. And yes,
             | there are people who make the argument that if you become a
             | naturalized citizen, you have no right to criticize the
             | Govt or the country since you came from a much worse place.
             | I am tired of that BS. Google "Amy Wax India" and you will
             | know what I am talking about.
        
         | goodpoint wrote:
         | > people from those countries complain about the American
         | immigration system
         | 
         | People do not get to choose where and when to be born.
        
         | valarauko wrote:
         | > India requires prospective citizens to live in the country
         | for 12 years before applying for naturalization
         | 
         | Yes, for citizenship, as opposed to Permanent Residency - the
         | author of the article must wait another 5 years at the very
         | least to be eligible for citizenship if he desires it.
        
         | polotics wrote:
         | Thank you we just got here a perfect example of whataboutism!
         | What some countries do to some people has nothing to do with
         | what the US of (pardon me) Assholes does to someone who lived
         | there most their lives!
        
         | rajup wrote:
         | Those may be true, but I always assumed that the US of A
         | aspires to do better, American exceptionalism, land of
         | opportunity and all that jazz.
        
           | car_analogy wrote:
           | This is assuming that more immigration equals better. And
           | even if one _does_ think so, then the USA _is_ doing
           | "better" - by orders of magnitude. The Chinese and Indians
           | are not set to become minorities in their own countries, are
           | they? But thanks to immigration, white Americans practically
           | already are [1], yet it is _they_ that are called xenophobic.
           | Double-standards doesn 't begin to describe it.
           | 
           | [1] https://www.brookings.edu/research/less-than-half-of-us-
           | chil...
        
             | rajup wrote:
             | Also I'm not sure what the race or being a minority or
             | majority demographic has to do with being xenophobic?
             | Pretty sure there are Indian and Chinese xenophobes in the
             | USA as well.
        
             | polygamous_bat wrote:
             | In what part of the US Constitution are the white Americans
             | identified as the essential majority for the country? This
             | is a country that was founded through immigration, unlike
             | China or India, so turning around and crying about becoming
             | a minority just as you are enjoying the benefits of your
             | ancestors migrating seems hypocritical.
        
               | quantumwannabe wrote:
               | Appealing to the history of immigration in the country
               | doesn't diminish the GP's point as the US has
               | discriminated against the origins and identities of
               | immigrants since its founding.
               | 
               | >The Naturalization Act of 1790 (1 Stat. 103, enacted
               | March 26, 1790) was a law of the United States Congress
               | that set the first uniform rules for the granting of
               | United States citizenship by naturalization. The law
               | limited naturalization to "free White person(s) ... of
               | good character", thus excluding Native Americans,
               | indentured servants, slaves, free black people and later
               | Asians, although free black people were allowed
               | citizenship at the state level in a number of states. [1]
               | 
               | Race based citizenship remained the law until United
               | States v. Wong Kim Ark (1898) [2] where the Supreme Court
               | interpreted the "subject to the jurisdiction thereof"
               | clause of the 14th Amendment to meant that anyone
               | physically born in the country was automatically granted
               | citizenship. Race-neutral naturalization wasn't enacted
               | until the Immigration and Nationality Act of 1952 [3] and
               | racial discrimination and national original based
               | immigration (not permanent residency as should be
               | obvious) controls weren't banned until the Hart-Celler
               | Act in 1965 [4].
               | 
               | [1]
               | https://en.wikipedia.org/wiki/Naturalization_Act_of_1790
               | 
               | [2] https://en.wikipedia.org/wiki/United_States_v._Wong_K
               | im_Ark
               | 
               | [3] https://en.wikipedia.org/wiki/Immigration_and_Nationa
               | lity_Ac...
               | 
               | [4] https://en.wikipedia.org/wiki/Immigration_and_Nationa
               | lity_Ac...
        
               | pyuser583 wrote:
               | I'm confused by this ... doesn't "national origin
               | discrimination" make sense in an immigration context.
               | It's reasonable to treat people from Canada different
               | from people from, say, Litchtenstein.
               | 
               | I'm sure there's some distinction I'm missing.
        
               | quantumwannabe wrote:
               | What the 1952 law says is that you can't ban _people_
               | from immigrating because of what country they come from.
               | It doesn 't ban the creation caps on the number of people
               | immigrating from a specific _countries_ , which the law
               | also enacted. The 1965 Act repealed country based quotas
               | and replaced them with hemisphere based quotas, which
               | were then themselves repealed and replaced with country
               | based quotas again in the Immigration Act of 1990, which
               | created the modern Diversity Immigrant Visas (as well the
               | modern employment based visas).
        
             | rajup wrote:
             | Again, if you want to resort to whataboutism that's ok but
             | I just want to point out that it's hypocritical to then go
             | around the world exporting "freedom" and "values" from an
             | alleged high ground.
        
               | car_analogy wrote:
               | That's a strange definition of "freedom". Do countries
               | that don't practice mass immigration not have "freedom"?
               | To be free, one must allow one's national identity to be
               | diluted into nothing?
        
               | rajup wrote:
               | Not sure how you make the jump from sane immigration laws
               | to "dilution of national identity". If anything the USA
               | does a fantastic job of assimilating a wide gamut of
               | cultures without a lot of friction. Of course if your
               | idea of "national identity" is that it consists only of
               | white people, then I'm sorry but your views are racist
               | and not based on factual history or current reality.
        
         | yangikan wrote:
         | The whole point is that if you were born anywhere else (except
         | India or China), it is a fairly simple process which would take
         | less than a year (one can file both I-140 and I-485 together).
        
         | vgatherps wrote:
         | If I was born in a country with an extremely bad immigration
         | system, I lose the right to complain about the bad-but-maybe-
         | not-as-bad immigration system in another country that I'm
         | trying to immigrate to?
        
           | weatherlite wrote:
           | In a lot of people's eyes yes. Many people resent immigrants
           | complaining even if the complaints are justified.
        
             | tut-urut-utut wrote:
             | > Many people resent immigrants
             | 
             | FTFY
             | 
             | Many people don't need a reason to resent immigrants, they
             | just use anything they can use as an excuse.
        
           | ROTMetro wrote:
           | Can you imagine anything more un-American and yet ironically
           | American than "welcome to the USA, now shut up. Also,
           | draconian Kafkaesk rules now govern your life for the
           | entirety of the immigration process"
        
           | lgbrandon wrote:
           | Exactly. I love hearing the people "complain" but try and
           | make the journey or stay. With remote work and automation
           | becoming the norm. Soon we won't need to leave our respective
           | countries and can all co-exist.
        
             | random314 wrote:
             | Yes, nobody should complain.
        
         | throw0101a wrote:
        
       | ilrwbwrkhv wrote:
       | That's why the real hack is to live in Canada and work remotely
       | for an American company.
        
         | anyfactor wrote:
         | I have a pro-cons list about immigrating to Canada.
         | 
         | Why Canada ?
         | 
         | - Getting a masters level education is much cheaper.
         | 
         | - Immigration has less hoops to jump through. Specially if you
         | are willing to live in the Atlantic side.
         | 
         | - Great government and social benefits
         | 
         | - I heard people are generally nicer.
         | 
         | Why not Canada -
         | 
         | - TAXES! TAXES! TAXES!
         | 
         | - Canada is essentially the money laundering heaven [0] of
         | North America. So buying a house and being in the so called
         | "middle class" is a nightmare.
         | 
         | - I believe that there is no middle class in Canada but I could
         | be wrong as an outsider. If you are making money within a
         | specified range that supposedly makes you an middle class
         | individual, it is best to find shelter in government assistance
         | programs because the income taxes are so brutal. I could be
         | wrong, and I hope I am wrong.
         | 
         | - American LCOL salary even if you live in Vancouver or Toronto
         | which is HCOL.
         | 
         | - If you want to earn big bucks you have to open an LLC and
         | start contracting, which I believe requires a Canadian
         | citizenship. I don't think you can open an LLC with a PR. Doing
         | contract or remote work often requires an LLC.
         | 
         | [0] https://en.wikipedia.org/wiki/Snow_washing
         | 
         | I am happy to hear your feedback though. I personally prefer
         | the whole middle region of America (WY, SD, ND, KS, IA...) than
         | to Canada.
        
           | geodel wrote:
           | I don't know if you care to be consistent:
           | 
           | > Great government and social benefits
           | 
           | > - TAXES! TAXES! TAXES!
           | 
           | are one and same thing. Unless you think benefits can just
           | appear out of thin air. Or just that others must pay for all
           | good stuff that you looking to get.
        
             | anyfactor wrote:
             | I believe Canada could find a better way to provide social
             | benefits without alienating the middle class.
             | 
             | First of all levying higher taxation or regulation for
             | money laundering. I think that alone will reduce the tax
             | burden on the middle class people.
             | 
             | Taxation is a long controversial discussion that often
             | leads to no where.
             | 
             | But the gist is that, for the 60k+/year roles, if you are
             | employed in America, from what I heard, your medical
             | coverage is the same as the public health coverage by the
             | Canadian government.
             | 
             | In America you can buy a house within a smaller time frame
             | at a more reasonable financial burden compared to Canada.
             | 
             | The cost of Canadian taxation is reasonable to a limit.
        
           | TheArcane wrote:
           | > I don't think you can open an LLC with a PR
           | 
           | This isn't true. Canadian PRs can start a business
        
             | anyfactor wrote:
             | Thanks! I asked someone they were apprehensive about
             | opening a business.
             | 
             | I found out that PRs can do essentially everything except
             | for vote and run for office.
             | 
             | Thanks again.
        
           | pcthrowaway wrote:
           | > - If you want to earn big bucks you have to open an LLC and
           | start contracting, which I believe requires a Canadian
           | citizenship. I don't think you can open an LLC with a PR.
           | Doing contract or remote work often requires an LLC
           | 
           | I'm a citizen, but I work as a contractor without having to
           | do anything to create a legal entity. I'm considered self-
           | employed, and a de facto business of one.
        
             | anyfactor wrote:
             | Can you give me a bit more info or tell what to google?
             | Like taxes, accounting and stuff? I am trying to do
             | something like that for a while.
        
               | kirankp89 wrote:
               | Google Sole Proprietorship
        
               | anyfactor wrote:
               | Thank you
        
         | nikanj wrote:
         | The real hack is getting a Canadian PR+citizenship (well under
         | a decade), then entering the US as a TN2
        
           | daemoens wrote:
           | Yep. A lot of Somali students I know are doing this by going
           | to Uganda, than to Canada, and finally the US.
        
       | 29athrowaway wrote:
       | How many people in India had exactly the same idea at the same
       | time?
       | 
       | If 1 billion people suddenly all wanted to go to the same
       | restaurant, or do anything that involves certain form of
       | capacity, that system would collapse.
       | 
       | Then, companies want to keep people under H1B as long as possible
       | because H1B is a form of control.
        
         | goodpoint wrote:
         | ...then the restaurant would simply book you a table in a FIFO
         | manner.
         | 
         | Once and for all. Be it tomorrow or in a month or in 12 years.
         | 
         | Then you can decide to wait or cancel.
         | 
         | Very simple.
        
         | shuckles wrote:
         | Two great American universities chose to admit this man. This
         | isn't some story about thundering hoards -- he was invited to
         | the country.
        
           | 29athrowaway wrote:
           | And shortly after he entered the country, studied and then
           | worked for many years.
           | 
           | Did he have to wait outside for 18 years? No. Was he
           | prevented for working? No.
           | 
           | Considering how saturated the system is, I see a working
           | system and a happy person that lived, studied and worked in
           | the US for 18 years.
        
             | Aloha wrote:
             | Even if all that were true, why is this process so
             | _complicated_ it makes no sense.
        
             | shuckles wrote:
             | You keep claiming the system is "at capacity" with no
             | evidence, and the psychological trauma it inflicts as
             | inevitable. How does it strain the system differently to
             | process an Indian applicant than an Australian one?
        
               | 29athrowaway wrote:
               | I went through the same process as this man, so I am
               | speaking from experience.
               | 
               | The actual impact to my life was negligible, as all of
               | the actual work was done by immigration lawyers. The only
               | thing I had to do was submitting some info to the
               | attorneys, a biometrics appointment and a short
               | interview. And paying fees, and presenting a vaccination
               | record.
               | 
               | And the system is at capacity because there are long
               | waiting times, which is the definition of a saturated
               | system. And this is public, published information.
               | 
               | https://egov.uscis.gov/processing-times/
               | 
               | If the guy has anxiety and checks the case status every 1
               | minute, there are good solutions for that, all of which
               | have nothing to do with the immigration system.
        
               | shuckles wrote:
               | This person had to plan vacations with 4 month
               | contingencies for two decades of their life, so you
               | clearly didn't go through the same system they did.
        
               | valarauko wrote:
               | > I went through the same process as this man, so I am
               | speaking from experience.
               | 
               | Did you go through an EB2 application as an
               | Indian/Chinese? If not, then it's not the same process.
               | For every other national, you know your status in a
               | couple of months, not decades. Children do not age out of
               | the application as happens for Indians/Chinese.
        
               | 29athrowaway wrote:
               | No, I did not.
               | 
               | But then, that aging you described happened while
               | residing in the US where you were making money hand over
               | fist same as a US national. And your US-born kids are
               | citizens.
               | 
               | So in the end the only difference is the inconvenience of
               | the paperwork that you worked on very rarely. The rest of
               | the time you were enjoying life in the US.
               | 
               | So, this story of 18 years of suffering is really
               | nonsense. The guy had a great time working at great
               | companies and making millions of dollars in salary,
               | bonuses and stock while being midly bothered by some
               | paperwork that was mostly prepared by an attorney.
               | 
               | The average small business owner is bothered by the
               | government 1000x more and won't have the prosper life of
               | a MAANG engineer.
        
               | valarauko wrote:
               | > So in the end the only difference is the inconvenience
               | of the paperwork that you worked on very rarely. The rest
               | of the time you were enjoying life in the US.
               | 
               | I'd disagree with that assessment. The issue really isn't
               | the amount or the effort of paperwork - for most people
               | it's the uncertainty. There's the very real possibility
               | that at the end of that very long process you do not get
               | a green card. The making money hand over fist also only
               | applies to a certain proportion of Indian applicants,
               | especially in tech. There are plenty of other Indian
               | applicants who make nowhere near as much money and face
               | just as much (if not more) of an uphill task. For
               | example, I'm an Indian working as a postdoctoral
               | researcher in Developmental Biology & cancer and yet make
               | probably less than a tenth of what this guy does. Nor
               | does the US offer substantially better pay in this field
               | as compared to say, Europe (worse in some ways). Yet for
               | me it still feels worth it because the work here is just
               | better in my field, but at some level the system feels
               | incredibly unfair. My European colleagues are able to
               | apply and get an EB3 green card in a few months that's
               | very little paperwork while the only reasonable pathway
               | for me is an EB1 petition that's exponentially harder and
               | a lot more paperwork. My European colleagues could go
               | directly from a J1 visa to an EB3 visa simply because
               | their petition will be processed in a few months. For an
               | Indian in my position that's not possible - I must first
               | secure an H1B/O1 before I can think of an EB1/2 petition.
               | All the Indians I know in my field who have green cards
               | have had to make EB1 petitions while none of the
               | Europeans have had to.
               | 
               | Here's the practical considerations - very few companies
               | in my field offer immigration support. The Europeans tend
               | to apply for an EB3 after about a year or two of
               | postdoctoral experience and move into industry with their
               | prompt green cards. For Indians and Chinese postdocs,
               | they tend to work for an average of 6 years before
               | they've accrued enough publications to wrangle an EB1
               | petition. That's 6 years of grueling work at very very
               | low pay and a very uncertain future at the end of it -
               | but only for the Indians/Chinese.
        
               | renewiltord wrote:
               | Seems like a nonsensical system. I could then say
               | "considering how saturated the system is, I see a working
               | system" about an immigration system that has exactly one
               | immigration agent working exactly once every 3 decades.
               | That system would also be "working". Which makes what
               | you're saying rather comedic.
        
               | 29athrowaway wrote:
               | You use Hacker news. Hacker news rate limits requests and
               | throttles some activity like commenting.
               | 
               | Do they do it because they hate people? Because they have
               | an evil political affiliation? No.
               | 
               | They do it because of simple common sense and I agree
               | with it. Same with the immigration system which is
               | similar to the one from my country of origin.
               | 
               | The guy in the article is definitely a the type of
               | immigrant any country wants, sure. But he comes from a
               | country where you have jerks like Infosys and Tata
               | submitting 10 copies of the same application for every
               | employee, DoSing the USCIS. And where there are fake
               | universities with 24/7 phone numbers and websites and
               | fake photos. And a world of cheating in every aspect
               | imaginable.
               | 
               | This has resulted in higher skepticism not only from the
               | USCIS but from every governmental immigration agency on
               | the planet.
        
         | 0xcafecafe wrote:
         | But if that same restaurant started having different wait times
         | for something as arbitrary as country of birth, we would have a
         | problem.
        
         | [deleted]
        
       | anmalhot wrote:
       | this story resonated a lot with me. Have been in States for a
       | decade and still waiting on GC.
       | 
       | However, throttling(7% quota) based on country of birth appears
       | to be a bad proxy for diversity as India is a very diverse nation
       | with rich cultural and linguistic distinctions. Designing a new
       | immigration system would be a reduction problem from the existing
       | one but we have seen successful implementations in other
       | countries such as Canada and EU (albeit with their own set of
       | problems)
        
       | zolosa wrote:
       | Indians account for 73.9 percent out of the total number of H1B
       | visa holders in the USA.
       | 
       | Now i wouldn't want anyone to be discriminated but still it makes
       | sense to limit green card based on nationality
        
         | robinsoh wrote:
         | > Now i wouldn't want anyone to be discriminated but still it
         | makes sense to limit green card based on nationality
         | 
         | You're saying you want people to be discriminated by
         | nationality. Correct?
        
           | np- wrote:
           | Not the op, but to be pedantic, every single international
           | border crossing in the world is an official government
           | "nationality discrimination" department. That's what
           | passports are for. (Not saying I necessarily agree with this,
           | but it is the world we live in)
        
             | robinsoh wrote:
             | I'm just trying to understand the meaning of "I wouldn't
             | want anyone to be discriminated" in the context of "Now i
             | wouldn't want anyone to be discriminated but still it makes
             | sense to limit green card based on nationality". I just
             | think it is unclear. If we want to discriminate by
             | nationality then we should just admit it and say we're
             | going to discriminate by nationality instead of being
             | covert about it.
        
         | thunkshift1 wrote:
         | My theory: green cards only go to christian nations
        
         | tarentel wrote:
         | If there's a demand for certain roles, which clearly seems to
         | be the case, what difference does it make where the people
         | filling those roles comes from?
        
           | fallingknife wrote:
           | Well, I would prefer them to come from the US instead of
           | allowing companies to import cheaper workers from abroad.
        
             | sdfhdhjdw3 wrote:
             | Why is that?
        
               | jaywalk wrote:
               | The US government is supposed to first and foremost take
               | care of US citizens, not just allow them to be pushed out
               | of jobs because corporations would rather import cheap
               | labor.
        
               | zamalek wrote:
               | Oh, this tired talking point.
               | 
               | In the tech labor market (as per the post) the labor
               | simply isn't available. We don't generally see American
               | software engineers languishing and unable to find jobs.
               | 
               | I guarantee that the like of Microsystems, Google, and
               | Amazon were not paying the poster a pittance.
        
               | illplaythatgame wrote:
               | Not sure who you hang out with, but black, hispanic, and
               | latino US citizens have a very hard time getting jobs
               | despite having software engineering degrees. They end up
               | in GS-5 equivalent military tech "careers" or crappy geek
               | squad jobs.
        
               | renewiltord wrote:
               | If you have friends in each of these categories who are
               | skilled, I'll interview them. Job is onsite in San
               | Francisco. Interview is leetcode style plus software
               | design.
               | 
               | Since it isn't based primarily on past experience, it
               | won't matter that they haven't had opportunity if they do
               | have the skills.
               | 
               | I'm in HFT. Only hire people I'd consider capable and I'm
               | comfortable with our interview process. If they knock the
               | interview off the hook they'll be in. Let me know.
        
               | 22SAS wrote:
               | I am in HFT too. Your firm, Cutler Group by any chance?
        
               | nebula8804 wrote:
               | Nobody wants to work for your crappy startup. What you
               | are asking for requires a lot of sacrifice and investment
               | (living in an overpriced dump called SF, leetcode
               | interviews, dealing with people like you) for not enough
               | benefits hence thats why you rely on outside "help".
        
               | sdfhdhjdw3 wrote:
        
               | zamalek wrote:
               | > Nobody wants to work for your crappy startup.
               | 
               | I rest my case.
        
               | nebula8804 wrote:
               | >We don't generally see American software engineers
               | languishing and unable to find jobs.
               | 
               | That was me from 2016 to 2018. Trust me, there are
               | weirdos like me out there in the country that can't get a
               | job. I decided to go all in on this exciting tech stack
               | called Ruby on Rails. I heard all the cool kids were
               | doing it. Spend all my life savings trying to get in on
               | the action. What I didn't realize is that they were all
               | unemployed......as a result I don't think Matz is so
               | nice.
               | 
               | I'm ok now, wasting my life writing one line of code a
               | day on software that does not make one lick of difference
               | in this world (and no its not in ruby on rails): The
               | American dream(tm)
        
               | mtoner23 wrote:
               | Yes but these people and their children could also be US
               | citizens why should they not be prioritized?
        
               | jaywalk wrote:
               | I'm not understanding how people imported from abroad
               | could be US citizens.
        
               | sdfhdhjdw3 wrote:
               | I agree with that.
               | 
               | Do you agree that should be weighted by the need of the
               | country to remain competitive, say in the hypothetically
               | scenario where we came to the conclusion that the average
               | american is lazy, and that that's the core reason why
               | immigrants replace them?
        
               | jaywalk wrote:
               | The entire reason we have this system is so that the
               | country can remain competitive, which is an important and
               | valid reason. But it was never meant to be what it has
               | become, which is just a way to import cheap labor. It
               | needs to get back to what it was supposed to be, which is
               | a way to bring in highly-skilled labor that simply can't
               | be found in the US, at the same pay US citizens would
               | receive.
        
               | sdfhdhjdw3 wrote:
               | You have it backwards. Not importing cheaper labor would
               | make it less competitive.
        
               | meowtimemania wrote:
               | The country shouldn't act in the interests of the
               | "country" but rather in the interests of its citizens.
               | "Replacing" the citizens (sounds a little genocidal) is
               | not in the citizens best interests.
        
               | tarentel wrote:
               | I agree with your first statement. I've never felt
               | threatened by imported cheap labor in my role though. I
               | think our immigration laws should protect US citizens but
               | what they seem to be doing is allowing companies to hire
               | people for cheap but not giving a very good path for
               | those people to become US citizens even though they're
               | contributing to US companies and the US economy as a
               | whole.
               | 
               | If you're worried about losing your job to cheap labor
               | that's an issue with our immigration system not a problem
               | with immigration in general. You should be asking
               | yourself why companies are allowed to pay non-US citizens
               | less for the same jobs we're doing.
        
               | jaywalk wrote:
               | I, personally, have zero fear of being replaced by cheap
               | labor. I've climbed high enough in what I do and I know
               | how valuable my skillset is. But I see it all over the
               | place, and it still concerns me.
               | 
               | > You should be asking yourself why companies are allowed
               | to pay non-US citizens less for the same jobs we're
               | doing.
               | 
               | I would ask myself this, but I know the answer. It's
               | because these companies have our lawmakers in their
               | pockets. That is the problem that really needs to be
               | solved, which would take care of this and many other
               | issues.
        
           | jaywalk wrote:
           | I'll flip your question on its head: why are the people
           | filling these roles so heavily skewed to one country?
        
             | 22SAS wrote:
             | Most of the people who are interested in moving to the US,
             | as expat workers, are mostly from India. Let's break this
             | down piece by piece:
             | 
             | 1. Canadians have TN visas, so they prefer to use that
             | since there is no lottery for that and it's a simple
             | process of taking your offer letter and have CBP stamp a
             | 3-year TN visa. Even though it is not dual intent, people
             | can and do apply for green cards on TN status since for
             | Canadians the wait times are current and they can get a
             | green card before they need to renew their TN visa.
             | 
             | 2. Australians have E-3, so that is what they will use.
             | 
             | 3. The Chinese use H1B's but the numbers have dropped as
             | more Chinese prefer to stay in China or return there after
             | their foreign education since a lot of big Chinese tech
             | companies have sprung up.
             | 
             | 4. Europeans either do not want to move to the US, they
             | sometimes don't try to have a prospective employer sponsor
             | for H1b visas since a lot of them seem to believe that
             | Indians have a monopoly on those visas.
             | 
             | You're left with mostly Indians, most of who study STEM
             | subjects in college, overwhelmingly come to the US for
             | studies and then hop on to work visas post-graduation. Most
             | of the highest paying tech employers in India are American
             | companies even then many Indians still want to move to the
             | US since there are still a lot of socio-political and
             | quality of life issues in India.
             | 
             | Take all these points and that's how so many H1B's go to
             | Indians.
        
             | d3nj4l wrote:
             | Let me flip your question too: why do you think it matters?
        
               | jaywalk wrote:
               | Because all else being equal, that skew shouldn't exist.
               | There is nothing inherent to Indian people (or any other
               | people) making them better at these jobs, so there is
               | value to understanding why their numbers are so high. And
               | by value, I mean value to US citizens. It could show us
               | how we can improve within the country, or it could expose
               | fraud in the system. Or a mix of both.
        
               | codegeek wrote:
               | So what about Basketball ? Should there be more whites ?
               | Is that skewed by design ? Have you ever thought about
               | the various factors behind why a certain group dominates
               | certain fields or you just think it is unfair and on
               | purpose ?
        
               | jaywalk wrote:
               | It's funny that you bring up sports, because one of the
               | hot topics in the sports world right now is that there
               | should be _less_ whites in many positions, from coaching
               | to ownership.
               | 
               | It's supposed to be accepted as fact that if there are a
               | lot of non-whites somewhere, it's simply because they're
               | better. But if there are a lot of whites somewhere, it's
               | because of racism.
        
               | codegeek wrote:
               | You didn't answer my question though and deflected. I am
               | not talking about whites being discriminated (thats a
               | separate topic). I am discussing the "skewed" comment you
               | made. Why do you think Basketball has less whites ? Let
               | me add a few more. Why do you think a lot of Gas Stations
               | are owned by Asians ? Why do you think a lot of
               | Landscapers are hispanics/Latinos/South Americans ?
        
               | valarauko wrote:
               | > There is nothing inherent to Indian people (or any
               | other people) making them better at these jobs, so there
               | is value to understanding why their numbers are so high.
               | 
               | Their numbers are so high simply because they represent
               | almost a fifth of humanity - there are almost as many
               | Indians as there are people in Europe, South & Central
               | America put together.
        
               | enriquec wrote:
               | This is just obviously and factually wrong. Even average
               | age differs greatly between countries. Why would they
               | have the same degrees/skills/value? You just want to chop
               | down the forest because trees are different heights -
               | you're optimizing for nothing based on nothing.
        
               | illplaythatgame wrote:
               | >>>> Let me flip your question too: why do you think it
               | matters?
               | 
               | Sure, it matters because there are tens of millions of
               | black, hispanic, and latino US citizens -- numerous with
               | CS/STEM degrees -- who cannot get into FAANGs. Many end
               | up in retail or as best buy tech squad reps or tmobile
               | store salespersons.
               | 
               | Yet we're told that someone from a foreign country is a
               | better candidate for these FAANG jobs. In my experience,
               | half the foreign workers cannot even speak english
               | legibly.
               | 
               | Do Americans and the US Government owe at least some
               | chance to local citizens who are being passed over for
               | jobs generation after generation?
        
               | amf12 wrote:
               | > Sure, it matters because there are tens of millions of
               | black, hispanic, and latino US citizens -- numerous with
               | CS/STEM degrees -- who cannot get into FAANGs.
               | 
               | FAANGs aren't discriminating against black, hispanic and
               | latino US citizens. If someone can't get into FAANG its
               | not because of their "race" or "citizenship", it's
               | because they can't pass the hiring bar -- whether hiring
               | is broken is another question, but hiring isn't biased
               | against blacks latinos and hispanics.
               | 
               | > Many end up in retail or as best buy tech squad reps or
               | tmobile store salespersons.
               | 
               | This comparison is disingenuous. Had you said they
               | therefore have to work in the government sector as
               | software engineers, I'd say you might have a point. But
               | your comment reads as: "because they can't get a job as
               | at FAANG they work at t-mobile as salespeople.
        
               | enriquec wrote:
               | So you're saying the hiring process is racist?
        
               | screye wrote:
               | The hiring process is racist all-right. But, the
               | direction of that discrimination might not always align
               | with the most commonly held intuitions.
        
               | frontman1988 wrote:
               | Surely there must be something the profit driven FAANG
               | companies are seeing that they prefer hiring broken
               | English speaking Indians over American hispanics/blacks
               | with tech degrees?
        
               | 22SAS wrote:
               | With FAANG companies it is not as much profit driven as
               | much as it is that they get an employee who will have to
               | work harder than others due to keeping their visa, and
               | will stay for longer at least until their green card
               | processing is complete and they have their I-140.
        
             | cuteboy19 wrote:
             | It's a combination of factors
             | 
             | 1. India is poor but not too poor
             | 
             | 2. It has a huge population
             | 
             | 3. A lot of upper class Indians already have family in the
             | US
             | 
             | Of course, it is not clear why any of this should matter.
             | Why should it be capped by country (as opposed to
             | continent, zipcode or planet?)
        
               | rlewkov wrote:
               | IMHO it matters because of the "D" word ... diversity
        
               | cuteboy19 wrote:
               | Considering that the people who have the easiest time
               | with this system are from Europe/Canada or Australia
               | maybe the D word ought to be discrimination
        
         | muzaffarpur wrote:
         | Do you know what discrimination means? This is literally
         | discrimination. Yes, it is encoded in law, still is
         | discrimination. Imagine this, next time you getting interviewed
         | by someone, and he rejects you,because you are not
         | chineese/Indian. Then you'll be discriminated and that would be
         | acceptable, per law. I'm sure your definition of discrimination
         | won't change then.
        
         | throw123123123 wrote:
         | What doesn't make sense is putting limits whatsoever.
        
           | meowtimemania wrote:
           | Why does it not make sense? Imagine you have factory workers
           | making 15$ an hour and a company decides to import labor to
           | work at 10$ an hour because there's "no limits" to
           | immigration. The government should act in the interests of
           | its citizens.
        
             | throw123123123 wrote:
             | It's in the interest of citizens to get their goods at the
             | cheapest price. Thats why you have imports, which is no
             | less than importing the produce of labor.
             | 
             | With people, you have the added benefit that if people
             | working within your country they spend and consume in your
             | country.
             | 
             | Countries all over the world fight each other for talent,
             | and the US immigration system is doing to itself what other
             | countries spend money to prevent.
        
         | 0xcafecafe wrote:
         | Why though? If Google is hiring an engineer, it doesn't make a
         | distinction and does so purely on skill. Why should it matter
         | if said engineer is from Argentina (arbitrary example) instead
         | of India?
         | 
         | The US issues roughly 1 million green cards each year. 86% of
         | those go to family based immigration. The rest 14% are for
         | employment based immigration. Even in there the dependents
         | (spouse + kids) are counted against that quota. So net effect
         | is close to 5% employment based immigration if we count only
         | primary applicants. What purpose is discrimination by country
         | of birth serving here?
        
           | tablespoon wrote:
           | >> Now i wouldn't want anyone to be discriminated but still
           | it makes sense to limit green card based on nationality
           | 
           | > Why though? If Google is hiring an engineer, it doesn't
           | make a distinction and does so purely on skill. Why should it
           | matter if said engineer is from Argentina (arbitrary example)
           | instead of India?
           | 
           | Because the priorities of the system don't have to be the
           | same as Google's. Specifically, the US decided it prefers to
           | get immigrants from everywhere rather than letting a couple
           | big countries flood the queue.
        
           | meowtimemania wrote:
           | Benefit is greater diversity. Rather than have majority of
           | immigrants from hugely populated countries like China or
           | India, immigrants are more evenly distributed from all around
           | the world. The system obviously has big downsides to
           | individuals from India/China. If it can be proved to US
           | citizens that it's in their interests to get rid of the cap,
           | I think it will be gone.
        
             | 0xcafecafe wrote:
             | Diversity can be preserved for 86% of the green card quota.
             | Why does need to be there for the other 14%?
             | 
             | Already this is forcing companies to make investments in
             | offshore centers as it is difficult to hire here. There is
             | enough proof this is bad for Americans but the current
             | political climate makes any change impossible.
        
               | valarauko wrote:
               | Doesn't the country cap also apply for family sponsored
               | greencards?
        
             | deltree7 wrote:
             | Indians and Chinese make 40% of the global population, but
             | only 1% of US population.
             | 
             | So, clearly the diversity of US isn't representative of the
             | global population.
        
             | screye wrote:
             | What makes arbitrary geographic borders markers of
             | diversity ?
             | 
             | The language, religious practices, food, festivals and
             | traditions change every 100 miles in India. It is an old
             | civilization with as much or more diversity than all of
             | Europe.
             | 
             | Small countries like Belgium, Netherlands and Austria can
             | balkanize and claim diversity over minor differences. Yet,
             | Indians are clumped together under 1 umbrella ? How does
             | that make sense ?
        
               | geodel wrote:
               | What makes skin color marker of diversity ? This is world
               | we live in.
               | 
               | India can have diversity claims if they let individual
               | states in India their passports, languages, flags and so
               | on. It's on them to show diversity before expecting
               | others to appreciate it.
        
               | screye wrote:
               | It gets even more ridiculous if we try to use 'physical'
               | differences. It then becomes about genes.
               | 
               | Guess what ? Everyone who lives out of Africa has a
               | common-ish ancestors as far as 80k years ago. So,
               | Africans are significantly more diverse than the rest of
               | the world combined.
        
             | yangikan wrote:
             | You get enough diversity from the 85% of people who come in
             | through family based immigration. So, the majority of
             | immigrants are not coming from countries like China or
             | India irrespective of whether this discrimination persists
             | or not.
        
             | amf12 wrote:
             | > Benefit is greater diversity.
             | 
             | There are other "diversity" visas. One is a literal
             | diversity lottery and a family permanent resident visa.
             | Does it not make more sense to look at qualifications for
             | employment petitions.
        
           | raverbashing wrote:
           | The purpose is twofold: diversity of origins and the fact
           | that there are 1.3Bi Indians for 300Mi Americans
           | 
           | Diveristy actually means not getting everybody from the same
           | place, being that inside or outside the US
        
             | 0xcafecafe wrote:
             | We are talking about 14% of the total annual green card
             | quota, 140,000/1,000,000.Everybody is not coming from same
             | place and it will be a pure FCFS system if these archaic
             | quotas are gone.
        
         | valarauko wrote:
         | Why do you suppose that is? Indians are forced to remain on H1B
         | visas for decades while other applicants move onto Green Cards.
        
         | 29athrowaway wrote:
         | In other words, a brain drain, which is the real problem to
         | fix.
         | 
         | There is no amount of money that can make you truly happy being
         | away from your friends, family, your culture, etc.
         | 
         | If there were good opportunities in India, people would be
         | happier there.
        
         | cletus wrote:
         | This is an emotional subject. I've gone through this but come
         | from a country that has a relatively easy path.
         | 
         | The source of the huge delay for Indian-born people is these
         | four facts:
         | 
         | 1. India has a population exceeding one billion;
         | 
         | 2. Green cards have a diversity rule that no more than 7% of
         | applicants can come from a single country;
         | 
         | 3. Your category is based solely on country of birth not
         | country of citizenship; and
         | 
         | 4. H1B visas have no per-country caps or quotas (beyond the
         | total annual quota).
         | 
         | The companies that are really ruining this for anyone are the
         | bodyshops like Tata and Infosys who direclty benefit from the
         | situation. As the article mentions, if you have a pending I140
         | petition you can stay beyond the 6 year limit and changing jobs
         | is dangerous. So employes get to hold this over employees
         | creating an indentured servant type situation for 10+ years.
         | These bodyshops flood applications and create the lottery
         | problem.
         | 
         | There are numerous problems with all of this and (I really do
         | hate to say this but it's true) the only administration who
         | even made noises about reforming the H1B system was the Trump
         | administration like basing H1B on salary (these bodyshops pay
         | low for software engineers). None of this came to pass.
         | 
         | Here's one big problem: children ageing out of the system. If
         | an Indian national has a pending green card petition and their
         | child is born outside the US and that child gets to age 18
         | before the petition is approved, they are no longer eligible to
         | receive a green card as part of their family's petition. Given
         | how long Indian delays are, this may mean deporting someone to
         | a country they left when they were 6 months old and have no
         | memory of. They may not even speak the language.
         | 
         | Prior to the pandemic a couple of bills floated around to fix
         | this backlog, most notably S369 [1]. These all ultimately went
         | nowhere and (IMHO) had a lot of problems. For example, this
         | didn't really increase the annual caps (it did, kinda, by only
         | counting the petitioner and not their family against the quota)
         | and eliminated the per-country cap. But what this would've done
         | is made things terrible for everyone else for a transition
         | period of years.
         | 
         | [1]: https://news.ycombinator.com/item?id=31338329
        
           | 0xcafecafe wrote:
           | Attributing all the problems to those bodyshops is a bit
           | disingenuous IMO. Yes they are part of the problem. Even
           | Chinese nationals face 5+ years backlog for their green
           | cards. Limiting immigration from populous countries based on
           | arbitrary country caps for employment based immigration makes
           | no sense. As it is it is a small piece of the overall
           | immigration pie (14% and if we count only primary applicants,
           | ~5%).
           | 
           | What is happening due to this is all advocacy to fix this has
           | to be done by the folks in backlogs (Indians & Chinese) and
           | the rest of the world folks can happily go about business as
           | usual. Yes, H1 reform is needed but green card reform is
           | needed yesterday.
        
             | cletus wrote:
             | All of the factors I listed apply to China. But even though
             | both countries have similar populations, around two-thirds
             | of H1B applicants are Indian nationals. Bodyshops are a big
             | factor here. This flood of H1B applications is a big factor
             | in everyone having to go through a lottery.
             | 
             | So if two-thirds of the H1B applicants are Indian nationals
             | but the current system caps per-country green cards at 7%
             | (per category), you see why Indian nationals have a much
             | longer wait time than anyone else.
             | 
             | In saying that I'm not denying others (eg China, Mexico,
             | the Phillipines) don't have long wait times too.
        
               | huy-nguyen wrote:
               | This is a great point that is rarely mentioned. China has
               | larger population than India yet has a much shorter
               | backlog so is it really the fault of the US immigration
               | system that India has a long backlog? The Indian
               | outsourcing industry and India's lower level of economic
               | development are parts of the problem.
        
           | 22SAS wrote:
           | I am an H1B holder and an Indian national. The bodyshops
           | alone did not screw this up. A TON of Indians come here for
           | graduate school, the main motive being that it is an easier
           | path to getting a job here in the US. A lot of them also end
           | up on H1B's and have their companies sponsor them for
           | residency permits. A lot of those students have zero passion
           | in what they're studying but it's all ok for them for a
           | chance to work here.
           | 
           | A family friend's kid just arrived here for his MS CS. He
           | told me upfront that he plagiarized all through his undergrad
           | and couldn't write basic programs. I was like "why on earth
           | would you purse an MS in CS then?". I saw a lot of folks like
           | that.
        
       | Bhilai wrote:
       | Sigh, I tried to follow what US Government was doing about this
       | and eventually gave up but here is a short history:
       | 
       | S.386 was introduced in the Senate by Mike Lee in 2019 [1]
       | 
       | There was a unanimous consent on it in 2021 [2] but the bill
       | expired (?) because Dick Durbin, senator from IL wont table it (I
       | dont clearly understand the process in the Senate but some people
       | who follow this had expressed anger at Durbin for not doing
       | anything - https://www.durbinisracist.com/)
       | 
       | It was reintroduced in Congress as Eagle Act [3] but its been
       | stalled ever since. It ironic that people think Democrats want
       | open borders while the same Democrats could not even pass a sane
       | bill for legal immigration (especially for immigrants who
       | contribute a whole lot to the US) with their majorities while
       | immigration was a top agenda for President Biden. Not to mention
       | all the big tech companies with big lobbies cant get this move at
       | all.
       | 
       | [1] https://www.congress.gov/bill/116th-congress/senate-
       | bill/386... [2]
       | https://cis.org/Vaughan/Senate-S386-HR1044-Country-Cap [3]
       | https://eagleact.info
        
         | throwaway_1928 wrote:
         | The history of this bill goes back further. It passed the House
         | in 2011 as HR 3012 [1].
         | 
         | Note that we are told that Trump is racist and his opponents
         | are not, but a lot of lawmakers with an axe to grind against
         | Indians with 150-year immigration wait times [2] are prominent
         | democrats.
         | 
         | [1] https://www.congress.gov/bill/112th-congress/house-
         | bill/3012
         | 
         | [2] https://www.cato.org/blog/150-year-wait-indian-immigrants-
         | ad...
        
       | vsskanth wrote:
       | The interesting part here is he finally got his green card after
       | 18 years only because he married an Australian citizen and wasn't
       | blocked by the county quota anymore.
       | 
       | Imagine how frustrating it must be being qualified, living in the
       | country for decades and still blocked from residency all because
       | you were born somewhere, it's something you have no control over
        
         | UncleMeat wrote:
         | I know a professor of computer science at arguably the best cs
         | program in the world who is an Indian citizen and was only able
         | to get a green card because he is married to a citizen of a
         | western european country. The system is _completely fucked_ for
         | Indian and Chinese citizens. Absolutely egregiously so.
         | 
         | This is one of the reasons why I find the "just wait in line"
         | argument so disingenuous. If it takes a world expert in a high
         | importance topics literal decades to get a green card then
         | there simply isn't a legitimate path available to people.
        
           | valarauko wrote:
           | > If it takes a world expert in a high importance topics
           | literal decades to get a green card
           | 
           | For what it's worth, sounds like the professor would have
           | qualified under the EB1A/B scheme, which even for Indians is
           | "Current". The qualifications are not very hard to meet for
           | someone working as a professor, or even a postdoctoral
           | researcher.
        
         | thatfrenchguy wrote:
         | I mean, anywhere you immigrate to, you have less rights than
         | someone born there despite the fact that they didn't do
         | anything to get that citizenship.
         | 
         | It's pretty atrocious though that people born in India have to
         | wait in line for decades or, like that person and many of my
         | colleagues, have to marry someone who is not born there, while
         | all the French people I know in the US got their green cards in
         | 1-5 years.
        
           | yardie wrote:
           | One is a developing country of 1.2B people with limited
           | opportunities. The other is 80M people with high living
           | standards. There aren't even that many French greencard
           | seekers so the quota goes unfulfilled almost every year.
           | Meanwhile, Congress has instituted hard limits on greencards
           | that India and China have the largest share of and manage to
           | hit the limits every year, for decades.
        
           | vsskanth wrote:
           | Immigrants understand they have less rights and if they want
           | to go there or stay permanently they have to earn their place
           | through whatever qualifications the host country mandates.
           | 
           | The primary complaint here is the massively different waiting
           | period for the same employment based green card category
           | (qualifications) between a potential immigrant born in India
           | (multiple decades) versus let's say Germany (maybe a year).
           | It's an immutable qualification.
        
         | PuppyTailWags wrote:
         | This is a big reason to have children who are american
         | citizens. The children can then pay several tens of thousands
         | of dollars once they're adults to sponsor their parents. Two
         | decades is a shorter wait.
        
           | yardie wrote:
           | My boss made sure to have his kids in the US before going
           | back to his home country where the extended family can help
           | raise them.
        
             | PuppyTailWags wrote:
             | Yep, unfortunately this is a known strategy so if one is
             | pregnant and trying to go to the states (like a vacation or
             | business, unrelated to birth) immigration will give you a
             | ton of shit.
        
               | [deleted]
        
       | rohith2506 wrote:
       | One of the sane decisions I have made five years ago. Go to US
       | for masters and stuck in the long immigration process with no
       | uncertainty or move to Europe with a well paying job. I choose
       | the latter and I couldn't have been happier. In the last five
       | years, I dealt with immigration twice and that too just renew my
       | resident permit. Last year, I went through civic integration
       | procedure and gonna get an European passport along with OCI card
       | which makes me visa free travel to almost all parts of the world.
       | It's just a breeze and it's not just me. Most of my friends have
       | similar stories and we barely hear people complaining about
       | immigration issues. So, anyone who's looking for an alternative,
       | Europe, especially Netherlands.
       | 
       | The salary barrier is also reducing a lot now a days. When I
       | moved, I used to make high five figures which was quite good for
       | European salaries but now, almost low to mid six figures.
        
       | dzdt wrote:
       | A really good in depth take on how the U.S. immigration system
       | works for a highly skilled technology worker
       | (Intel,Google,Amazon,Startup) from the point of view of that
       | person.
        
         | netsharc wrote:
         | At first read of your comment, I read "works" as "it works!"
         | i.e. as a synonym for "succeeds", but maybe you just meant how
         | it works as in how the gears of bureaucracy turned.
         | 
         | From the point of view of someone who immigrated from a
         | developing Asian country to a EU country, geez, I had it a lot
         | easier than he did. The country's law doesn't seem to allow
         | refusal without concrete grounds as long as the applicant meets
         | all the requirements, whereas in the US, even if you meet all
         | the requirements, the decision is still arbritary.
        
       | lbrito wrote:
       | Given the reality of remote work, one might hope the allure of
       | immigrating to the US for the jobs might diminish. Sure, you
       | probably won't make half a million working remotely as a software
       | engineer, but you probably don't need that in most of the world
       | anyway.
       | 
       | I can't fathom waiting almost two decades for a permanent
       | residency status. It was excruciating just reading the post, yet
       | alone living it. Mad kudos to the author for enduring the
       | process. Personally I'd never go for it.
        
       | throw123123123 wrote:
       | US immigration is in the biggest crisis in decades - between
       | rhetoric & admin burden from Trump, covid, and ossified
       | bureaucracy, it is the worst time in history for a tech worker to
       | migrate to the US.
       | 
       | Each time a developer works for the US from abroad, the US
       | economy loses up to 50% o salaries in taxes for gov funding, and
       | up to 80% of the reminder in spending within the economy.
       | 
       | An argentine developer making 150k from the US pays 0 taxes and
       | spends 80%+ in argentina. If he moves to the US he pays 60k in
       | taxes and spends 80%+ in the US.
       | 
       | US is shooting itself in the foot so hard. The solution is the
       | easiest - remove H1b caps.
        
         | newaccount2021 wrote:
        
         | fallingknife wrote:
         | So I should want companies to be able to import cheaper workers
         | from abroad and drive down my salary via supply and demand, and
         | all so the government can get more tax revenue? No thanks.
        
           | DeWilde wrote:
           | Think of it this way, more people in your country means more
           | economic activity, and a larger tax base.
           | 
           | If you work a laptop job currently then assume that it can be
           | done by anyone anywhere in the world. Wouldn't you want that
           | person to buy US products, US services, and pay US taxes?
        
           | UncleMeat wrote:
           | There are more developers in the US than ever before. Pay has
           | never been higher. Developers create jobs for other
           | developers.
        
           | throw123123123 wrote:
           | Companies still do that by hiring abroad and importing goods
           | from abroad. You will surprised to know most of the things
           | you consume in the US are imported.
        
           | PuppyTailWags wrote:
           | More tech people means more tech business means more tech
           | demand. I don't see the problem. Immigrants tend to be much
           | more entrepreneurial and create disproportionate
           | opportunities for business.
        
           | selimthegrim wrote:
           | he's paying 60k on the 150k, is that driving down your
           | salary?
        
           | codegeek wrote:
           | How is 150K cheaper unless you are in Bay Area may be.
           | Companies will always find ways to reduce cost so you cannot
           | do much about it. GP's point is that someone is getting paid
           | 150K working for an American company in Argentina so that
           | means they are not only NOT adding any tax revenue for US but
           | they are still taking away your job (based on your argument).
           | So which one is better ? a 150K remote worker in a foreign
           | country who doesn't pay any US tax OR a 150K worker in the US
           | who also pays taxes and contributes to the economy. In both
           | cases, the job is not going to you anyway.
        
         | melony wrote:
         | Doesn't the US have tax agreements with most countries? You
         | still have to pay tax on US income.
        
           | throw123123123 wrote:
           | No you don't. It would be a tariff to do so.
        
           | frozenlettuce wrote:
           | Not if the employee is hired from a proxy company in the
           | target country.
        
           | circlefavshape wrote:
           | It's not US income if you don't live in the US. You pay
           | income tax based on where you live, not where you employer
           | lives
        
             | xyzzyz wrote:
             | US taxes all income you earn anywhere in the world. It's
             | not that bad in practice, as first $100k or something
             | earned abroad is exempt, and there are anti double taxation
             | treaties with many countries, but overall, if you're a US
             | citizen abroad, you might owe US taxes.
        
               | valarauko wrote:
               | Does that apply in the context of this thread? Presumably
               | the person hired in Argentina is a Argentinian national,
               | not a US citizen living in Argentina.
        
               | circlefavshape wrote:
               | I'd guess that most people living in Argentina are not,
               | in fact, US citizens. If an Argentinian did a contract
               | for an American company while living in Argentina, I'd
               | expect them pay Argentinian rather than US income tax on
               | that
        
               | amf12 wrote:
               | > US taxes all income you earn anywhere in the world
               | 
               | US taxes all income you anywhere in the world _for US
               | residents_.
        
               | mintiquity wrote:
               | Incorrect. It taxes all income anywhere jn the world for
               | US citizens and green card holders, _regardless_ of where
               | they reside or the source of their income.
        
         | throwaway2037 wrote:
         | Holy sh-t. What kind of country will you create with "zero
         | taxes"? A sh-tty one! No one likes to pay high taxes, but there
         | are almost no highly developed non-microstate nations with low
         | taxes. (Even the Switzerland argument still has a bunch of
         | holes when you look at the aggregate and include _all_ levels
         | of taxation.) How else can you pay for (subsidised) child care,
         | health care, education, unemployment insurance, and national
         | (old-age) pension? It costs a pretty penny.
         | 
         | And what Argentine devs are making 150K USD? Few.
        
       | asdf_snar wrote:
       | I can only say this sounds extremely accurate based on my own
       | experience of F-1, OPT, H1B. The anxiety resonates as well. I
       | remember getting my work authorization card and noticing that my
       | first name and last name were switched. I remember sitting down
       | at a train station and nearly breaking down into tears, because I
       | was certain this mistake wouldn't be tolerated, that I'd lose my
       | job, and have to leave the country.
        
         | thawaya3113 wrote:
         | USCIS famously sent a whole bunch of RFCs to people renewing
         | their work authorizations in 2021 because a bag of application
         | fee checks was untouched in a corner of a basement. And the RFC
         | meant delays that compounded existing delays, which meant
         | people with completely legal status, with no other issues had
         | to quit their jobs and sit around doing nothing for 12-18
         | months, for the simple reason that USCIS was too incompetent to
         | renew a work authorization that they had already renewed
         | several times and couldn't keep track of the paper checks they
         | insist you send in.
         | 
         | In 2021 (I believe they are changing this now...I don't know
         | when it will be implemented) USCIS only accepted payment via
         | paper checks.
        
         | omitmyname wrote:
         | what is the end of the story?
        
           | asdf_snar wrote:
           | I didn't even notice the mistake at first -- my name is not
           | misspelled, so I figured if I didn't say anything I would be
           | able to get away with it. I knew my EAD card would have to be
           | photocopied or scanned at some point when I first arrived at
           | the office, so I crafted some inane plan to tell an engaging
           | story while the HR person was taking care of my documents, in
           | the hopes they wouldn't see. In the end no one ever noticed,
           | I ended up getting H1B a few months later. But I don't think
           | my worrying was unfounded; I'd heard stories of a single
           | character being wrong (or, missing an accent, and therefore
           | not matching their passport) and someone's entire life
           | changing (they had to go back to their home country).
           | 
           | I should also note that the guidelines for filling out CPT
           | and OPT are also completely nebulous. I forget what the
           | specific issue was, but I remember the administrator at my
           | university being unsure of how to answer some question, them
           | having no recourse, and me having nobody to ask.
           | 
           | I'm on my 4th year of H1B and I need to figure out how to
           | apply for a GC. The time investment in putting together all
           | the documents is significant. Not to mention exiting the
           | country to go see loved ones is always a pain.
        
             | csomar wrote:
             | I think the name switch is unlikely to get you into
             | trouble. My country has the reverse of the US (First name
             | is last name and last name is first!). I've been switching
             | regularly and this only confused people who wanted to
             | address me by my "first name".
        
         | gorbachev wrote:
         | Agreed.
         | 
         | When I was getting my green card, USCIS actually lost the one
         | they had already printed. A very kafkaesque situation for which
         | there didn't appear to be a clear process to resolve. I knew I
         | didn't have to leave the country over it like you, but I had no
         | idea if I'd be able to start in my new job, which came with a
         | very significant, almost life changing, pay raise. The USCIS
         | officer I went to see about the situation basically told me
         | "not my problem", and nothing else.
         | 
         | It all turned out ok in the end, but the week or two I didn't
         | know what would happen were the most stressful days of my
         | entire life.
        
         | bckygldstn wrote:
         | My green card had my name correct but someone else's face
         | printed on it! Unfortunately they didn't look at all like me,
         | it took ages to get fixed. I wonder if someone else got my face
         | on their card, or if they use a grumpy bald man as a
         | placeholder in their card template.
         | 
         | My name is also misspelt on my social security card. I didn't
         | bother to have that corrected and so far there have been zero
         | repercussions.
        
           | lakkal wrote:
           | That's interesting that your card made it to you with the
           | wrong photo on it. There was a visual inspection process that
           | compared what the printed card looked like, to what it's
           | supposed to look like, and cards were supposed to be ejected
           | and reprinted if there was a mismatch. I worked on the
           | machine/system that prints those cards in the late 90s. When
           | was your card issued? I heard somewhere (and find it easy to
           | believe) that the entire system we built was replaced with
           | something much smaller and simpler a few years later as
           | technology improved.
        
             | bckygldstn wrote:
             | Interesting! This was ~2018.
             | 
             | My memory is a little hazy, but I remember having the photo
             | taken at USCIS, walking over to a photo booth which asked
             | to confirm some information like name or number and maybe a
             | fingerprint too? Anyway, it wasn't a polaroid paperclipped
             | to my forms: it seemed like a different system that would
             | have to be linked to my application.
             | 
             | The images are very different: same gender, but different
             | race, and off by about 30 years and 1 head of hair!
        
           | bckygldstn wrote:
           | One more story. When applying for an Amex card they had my
           | name as "Andre" instead of Andrew (this one is probably a
           | typo on my end).
           | 
           | Before approving the application, the Amex agent did a 3-way
           | conference call with me and an agent from my bank to confirm
           | the details in my application.
           | 
           | Amex: "Can you confirm the customer's name is Andre?"
           | 
           | Bank: "Yes, I confirm the customer's name is Andrew."
           | 
           | Amex: "Thank you for confirming, Andre your application has
           | been approved"
        
       | [deleted]
        
       | rdl wrote:
       | I'd definitely like our immigration system to be better executed
       | even under the current overall goals; the arbitrary/capricious
       | CBP officer at the border seems pretty bad.
       | 
       | Most of H1B could be fixed if we could get rid of Wipro/etc.
       | staffing agency abuse (almost entirely of people from India, but
       | there are lots of Indian H1B who work for other companies and are
       | fine); the process seems relatively non-abused by actual end-user
       | tech employers, with the biggest problems for smaller companies
       | being the "can't work here because if company fails you lose
       | status (in 30 days now, thankfully, not immediately)" and "hassle
       | of the process".
       | 
       | I'm not sure how legally to ban the Wipro style use of H1B while
       | preserving the rest. I'd also always prefer fees vs. delays;
       | there are jobs for which $200k/yr fee paid to US Treasury would
       | still be worth it for ~instant processing, and it's
       | inefficient/bad for everyone to not have that as an option.
        
         | valarauko wrote:
         | I thought the Wipro visa misuse was L1, not H1B?
        
       | Zanneth wrote:
       | As someone who was born in the U.S. nothing makes me more
       | grateful to be a citizen than hearing stories like this from my
       | colleagues. Fascinating story, and a wonderful happy ending!
        
       | Swizec wrote:
       | For an alternative approach and path - it took me 7 years from
       | landing in the country on a B-1 business visa to a EB-2 greencard
       | via 2 separate O-1 visas. And I thought _that_ was grueling!
       | 
       | Just received my card in the mail two weekends ago.
       | 
       | Here's a full writeup linking to 2 previous visa writeups, if
       | anyone's interested: https://swizec.com/blog/how-i-used-indie-
       | hacking-to-sponsor-...
       | 
       | caveat: I'm from a small country that's well under quota and
       | there is no wait time beyond the usual processing times.
        
       | Longlius wrote:
       | The complaints about national quotas are strange. The prevailing
       | assumption that everyone outside of the US should ideally have an
       | equal opportunity to receive permanent residency. But that's not
       | a goal of US immigration policy.
       | 
       | US immigration policy is built around maintaining a diverse pool
       | of immigrants and focusing on family reunification. Skilled labor
       | is obviously a plus but it's of secondary concern.
        
         | ROTMetro wrote:
         | This right here. It is a desired feature of our system, not a
         | bug.
        
         | valarauko wrote:
         | Everybody understands the stated goals of US immigration
         | policy. They just don't necessarily agree with it, and are
         | pointing out ways in which the current policy is detrimental to
         | US interests in ways that likely supersede the value gained by
         | diversifying the country of birth of potential immigrants.
        
       | corderop wrote:
       | I guess it's almost impossible to emigrate as a Junior to US
       | being European, but I would like to know the opinion of someone
       | that has experience in that. I would like to work there in my
       | first years (don't want to spend my life there) but I see normal
       | that no company would like to support a VISA for a Junior having
       | a lot in the US.
       | 
       | I know that some companies hire you for 1 year in Europe and then
       | offer you move to America, but they are usually big companies
       | where it's difficult to get hired.
        
         | throwaway2037 wrote:
         | If you are a European passport holder (yes, I know that is
         | broad), you should try for the Diversity Immigrant Visa -- aka
         | the Green Card Lottery. I had a German co-worker once who
         | applied and got it. For wealthy European nations, it is not
         | /super/ difficult to win this lottery, as there are so few
         | applicants.
         | 
         | Ref: https://en.wikipedia.org/wiki/Diversity_Immigrant_Visa
        
           | corderop wrote:
           | Ouh, I didn't know about this program. It's so interesting to
           | see a country like USA doing this. I will read more about the
           | program, it seems interesting, I will read more about it.
           | 
           | > it is not /super/ difficult to win this lottery, as there
           | are so few applicants.
           | 
           | I see in the Wikipedia article that 13M people applies. I
           | guess that you mention that not so many people emigrate from
           | Europe to the US, that's why it's more likely to get this. I
           | will consider this, it's so interesting.
        
       | shmde wrote:
       | At what point of time does this process become dehumanising ?
        
         | lotsofpulp wrote:
         | From the very beginning, when they do not allow you to sell
         | your labor to whoever you want.
        
       | geodel wrote:
       | "Given that managers are a dime a dozen in any country, it seems
       | odd to put managers in the same category as people of
       | "extraordinary ability," but I digress."
       | 
       | This is really important point in case anyone missed. The gross
       | misuse of this rule to bring in project managers, account
       | managers (L-1 based) and such have really made things worse for
       | non L-1 immigrants by hogging most of green cards awarded per
       | country basis.
        
         | valarauko wrote:
         | I'm not sure that's a fair comparison - the rant about managers
         | is concerning their special status in the highest priority EB1
         | category for Employment Based Green Cards, not L1 work visas.
         | Or are you referring to L1 managers eventually working their
         | way to EB1 Managers?
        
           | geodel wrote:
           | I am talking about L1A , people who are brought in as
           | "International Managers" where in reality they are just some
           | IT project managers doing daily scrum and crap. See here [1]
           | for "Certain Multinational manager or executive" . Here is
           | the definition:
           | 
           | "You must have been employed outside the United States for at
           | least 1 year in the 3 years preceding the petition or the
           | most recent lawful nonimmigrant admission if you are already
           | working for the U.S. petitioning employer. The U.S.
           | petitioner must have been doing business for at least 1 year,
           | have a qualifying relationship to the entity you worked for
           | outside the U.S., and intend to employ you in a managerial or
           | executive capacity. "
           | 
           | Using this criteria, IT body shops are running wholesale
           | scam.
           | 
           | 1. https://www.uscis.gov/working-in-the-united-
           | states/permanent...
        
             | valarauko wrote:
             | I'm confused - you're referring to L1A non-immigrant
             | temporary work visas but the link is for EB1 immigrant
             | applications?
        
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