Absurd, currently trying to figure out how to sponsor my wife and now this. The wording seems to imply that even those here on valid non-immigrant visas (F1) would need to apply via their home country. It doesn’t help that I130+I485 (AOS) could take over a year to process?
If you have filed I485 and they fail to process it before your current visa expires (D/S ends like F1 OPT). Then what? You just have to leave, abandon AOS and re-apply for CR1?
It’s insane that the simplest immigrant pathway; spousal green card could take 12+ months and may now require temporarily moving and being separated. Guess I actually will be paying $4K for a lawyer (plus the 3-4K just to file the USCIS forms).
I wish they would just have a simple fast lane for the 100% legal, non-complicated case.
> simple fast lane for the 100% legal, non-complicated case
Immigration policy in the current administration (which seems to be driven by Stephen Miller) is not based around legalaities, it's based around cutting immigration as much as possible because that's what satisfies Trump's voter base. These people do not care if you 'did it the right way'. They have an atavistic hatred of foreigners.
> Immigration policy in the current administration (which seems to be driven by Stephen Miller) is not based around legalaities, it's based around cutting immigration as much as possible
White immigrants are fine with this administration.
"All but 3 of 6,069 refugees taken in by Trump are White South Africans"
Happens as well in Germany and it's pure insanity. The US at least does not depend on migration as much as Germany, I believe.
Even the current right wing party CDU doesn't seem to want to make migration harder, but when the extremist party AfD gets voted into office, an already highly damaged balance will break.
Sad how people become so detected from reality that they make their society irrelevant and destroying a lot of wealth in the process.
> The US at least does not depend on migration as much as Germany, I believe.
To me it feels like the US pretends they don’t need immigrants when:
1. The overwhelming majority of current US residents were immigrants themselves at some point in the last 150 years (only natives were there, everyone else immigrated from somewhere)
2. The US wouldn’t function without illegal immigrants
3. Every country is short of workers in one domain or another. Encouraging immigration in these domains (see how Canada does it for instance) would be the smart move. But instead… yeah let’s make it even harder across the board
1. Appealing to the attitudes of 150+ years ago leads to all sorts of absurdities. We live in 2026.
2. The US not functioning without illegal immigrants is a bad thing. More often than not, employers like illegal immigrants because they can abuse them in some way or another. If you actually interact with illegal immigrants or the people that employ them, this is clear. “We need modern indentured servitude” is not the country I want to live in. I would rather these industries just be subsidized by the government to whatever extent it takes for US citizens to take the jobs with all of the protections we expect workers to have.
3. Not every country is short of workers. Employers may be short of workers that they can lord over, but refer back to point 2. Pointing to Canada’s policy as an example of a “smart move” is a strange play.
The current administration is certainly not working on the above premises, but I’m floored when I hear supposedly progressive people going on about who is going to work the psychologically scarring meatpacking plants if we don’t take on an undefined number of people who are only here to get shit on for a good paycheck. I have compassion for illegal immigrants, which is exactly why I don’t want them in the US.
My point wasn’t that exploiting illegal immigrants is good.
My point was that with the sorely lacking rules already in place, illegal immigration is a problem and at the same time there is still a supply problem.
So acting even more high and mighty like it’s the greatest place on earth to be and require people who want in to grovel even more certainly isn’t good policy.
I’m also confused why you think Canada isn’t doing it better? You can immigrate but your profile needs to match what the country needs: its win win, because once you’re there you have a fair chance at a good life (integration, job, etc) vs taking anyone in and then having issues with people who can’t find jobs, be happy in the country, and integrate into society.
But the process around the US visa and immigration program is a lot more hostile than it needs to be. I had the displeasure to deal with this grinder and it’s really showing that the attitude is “you’re less than nothing, it’s up to you to prove you’re worthy of us even reading the forms you filled in and paid for, fuck you very much”
People are repelled by country shopping by 3rd worlders.
EU countries are working on imigration rules that would allow for bringing imigrant labour without ever extending citizen privileges to them. A sort of permanent uderclass. This is what voters want at this time.
By the way, if you move outside the country, you lose Domicile which is required to sponsor the visa. And if you don't spend enough time in their country visiting them, your application can be temporary "denied" (delayed) with a request for evidence (that the relationship is real) they'll spend 3 months deliberating over.
Today's news make this crystal clear: the current admin does not want citizens marrying outside the country, regardless of how quickly the marriage rate among US population is falling.
This is probably for the best in the long term. They've added enough friction, insanity and disdain for foreigners that no sane person will immigrate and we can start to build stronger industries and trade relationships outside the US.
From what I could understand from the 6-page memorandum, (my paraphrase) "the law allows us to be nice and convenient, but doesn't require us to be nice and convenient, so we decided to make things hard and cruel going forward"
The current administration is sending a pretty clear message to immigrants.
They mean good for everyone NOT the US. Because now say, Germany or France, or where ever, come off as a better place to immigrate, so other countries can build stronger more competitice businesses.
This move, like everything the MAGA administration does, will only weaken the US.
Even better for other countries, anyone the US produces who isn't a raging idiot, also are more likely to want to immigrate from the US.
It will help would-be immigrants understand that the US does not want them and that it would be a mistake to invest time and energy trying to build a future in a country that hates them and can nuke their lives at the drop of a hat. It will help other countries that are not the US retain their talent and build up their own industries. A greater diversity in distribution of talent and industry across the world is a more resilient system.
It’s not a more resilient system. It creates geographic isolation and friction. It dilutes the talent pool instead of concentrating it which limits cross pollination. It also reduces specialization that drives efficiency and lets each country focus on what it does best and then trade with others.
I think that’s a bit dramatic saying the US hates them, but yes to your other point. The US is taking the position that it has more to gain from having strong and prosperous trading partners than it does from exploiting those nations and draining them of talent.
Yeah look at like any one of the 10,000 things this administration, Trump, Miller, republicans have said about immigrants. Look at ICE detention centres, how many hundreds or thousands of people have literally died, denied basic medical care or humane conditions, ICE agents who executed US citizens facing 0 consequences. ICE agents on camera ramming a car, radioing in to say that the car rammed them, and then shooting the driver. Cold-blooded execution. I could go on forever. Tell me again how stating that they hate immigrants is being dramatic.
It’s just facts but they’ve been boiling the frog and doing so many idiotic and horrific things at once that people have completely checked out.
It could be good for anyone country that's not the US (despite our hubris, we're not actually the center of the universe). But for the US, a country built on immigrants ands immigration, probably not so much. We fucked around, we found out.
Well, we're continuing to find out. We haven't exactly scraped rocked bottom yet.
Isn’t it better for the smart people in India to stay there and make India richer, instead of coming to the U.S. to make billionaires here richer? These countries absolutely suffer from the brain drain.
That's not really how it works. Immigrants also benefit from coming to the US.
Skilled labor immigration is great for everyone involved, and bad only for the countries that suffer the brain drain.
But it's not zero-sum. The damage to those countries from losing talent is smaller than the benefits to the immigrant, their new country, and ultimately all of humanity.
> and bad only for the countries that suffer the brain drain.
That's a pretty big qualifier!
> The damage to those countries from losing talent is smaller than the benefits to the immigrant, their new country, and ultimately all of humanity
Isn't it the opposite? Creating wealth and technology in India helps a billion quite poor people. Creating wealth in the U.S. helps 300 million already rich people.
Except you can't create Google in India. Google isn't minted by divine inspiration hitting a couple of smart guys in a garage.
It's created by an entire ecosystem that allows a project like that to be conceived and executed in such a way that has benefited the entire world, including the poor in India.
It's a big qualifier, but like I said, it's not zero-sum.
No economist will argue that limiting skilled labor immigration (or any immigration, really!) is an optimal policy for improving the lives of the poor elsewhere. It just doesn't work that way.
That's why I said long term. This logic might as well argue it would be better for China to have had huge immigration to the US 50 years ago and contribute to the manufacturing or automobile industries there. But they didn't, and now they've built up their own ecosystems instead that are more efficient and ahead of the US' ecosystems. You can create Google in India or BYD in China, it just takes time for the ecosystem to build. It has helped China at least, and maybe the world more than if they had immigrated en masse.
The other line of argument is again the fault-tolerance I mentioned above, maybe see Taleb or distributed systems. Maximizing efficiency has trade-offs in resiliency. Yes it might be less efficient for there to be 3 ecosystems in 3 countries instead of 1, but its more resilient to shocks. We saw the risks of highly efficient but single point of failure supply chains materialize just a few years ago during the pandemic.
It's also pretty obvious that the tech companies being in the US benefits the US more than other countries. The big salaries are in the bay area, the tax revenue goes to the US, all the ex-Googlers founding new companies found them in the US etc.. So of course Google being founded in country X would benefit country X more than it being founded in the US.
> So of course Google being founded in country X would benefit country X more than it being founded in the US.
Exactly. Obviously it’s better for China that BYD and Huawei were founded in China rather than the US. It’s better for Korea that Samsung and LG were founded there instead of the U.S.
I doubt its better for India to have Indians making Google richer than to have them staying in India to make something even a fraction of the size of Google in India. How is India going to create that ecosystem if all the smart people leave?
It's better to not frame this in terms of a specific country, lest it come across as if we're picking on India specifically.
Developing countries have structural reasons for why they are underdeveloped. This is a very complicated topic, and one for which there is no shortage of academic interest. I suggest starting from William Easterly's "The Elusive Quest for Growth".
I quote here from the book review MIT Press:
> What is necessary for growth is that government incentives induce investment in collective goods like education, health, and the rule of law
> This is a very complicated topic, and one for which there is no shortage of academic interest. I suggest starting from William Easterly's "The Elusive Quest for Growth
What's Easterly's qualifications? Has he ever successfully improved the economy of a developing country? I'd rather learn what LKY or Park Chung Hee or heck even Deng Xiaoping or Pinochet had to say.
The innovations immigrants created in the UK during the Industrial Revolution made everyone wealthier. The innovations made by
Immigrants in in Silicon Valley have made the world more wealthy. And it was in part due to the concentrated talent pool that made it possible.
In many cases a talented/smart person will bring little to zero value to a country with ossified institutions, but huge value to one with the right systems in place to build value.
The way it works is that the origin country is worse off when people leave, but in general immigrants are much better off for moving, and it's not even close.
A big argument for letting people emigrate is that they owe no real debt to the county where they are born, or the city, or anything like that. They aren't selfs owned by a nobleman. If moving increases their personal lot, why should we stop them?
I don’t know how this will play out for employment based categories. You need to be have a job and be on a valid visa to even apply for a green card. How do you then go outside the country, apply for a green card, all the while maintaining your job and a visa while you wait for the application to be processed? As far as I know not being in the US for extended periods of time, voids your work visa in the first place.
IANAL. My understanding is that you can do consular processing even if you are in the US, it's just that you need to leave to do the interview (and things like biometrics) and get the actual visa.
Now I'm not sure if you are allowed to re-enter after your interview before your case is decided/you get the visa but I would imagine so (if have valid visa), you would just need to exit again to get the visa later.
I believe the issue with what you're describing is that if you're on a temporary visa, like a student visa, applying for a green card shows intent of immigration so you cannot return to the US on a student visa.
If you have an H-1B already you may be able to do what you're describing. If you're a recent grad in the US this basically locks you out of trying to get a green card until you've already secured an H-1B.
It's shocking, actually. Horrifying, and again I say: They do all of the things one would expect them to do if their stated goal was the absolute destruction of the United States of America. They are traitors, no more, no less.
The U.S. doesn’t have a real statutory pathway to permanent residency for skilled immigrants. The current H1B to Green Card pipeline is built on a legal fiction papered over a visa program that was the word “non-immigrant intent” written all over the statute.
Gemini gets this correct: “The H-1B visa is a nonimmigrant classification that allows U.S. employers to temporarily employ foreign nationals in ‘specialty occupations’ that require highly specialized knowledge and at least a bachelor's degree.”
You're not actually wrong, but your phrasing makes it sound like that somehow excuses this travesty of justice.
I can only assume that's accidental. You're the 17th most active person on HN, so I'm certain you've seen an overwhelming amount of evidence of how skilled immigrants are immensely beneficial to the US economy.
The H-1B is not the only path to a green card. There are many ways, every case is different, and pretty much all of the paths suck, even if you do everything right.
This decision only makes all of those paths worse.
> evidence of how skilled immigrants are immensely beneficial to the US economy.
That's irrelevant. "Justice" means following the rules. Congress gets to decide the immigration laws. Congress has never created a real system for skilled permanent immigrants. The term "H1B" actually comes from 8 USC 101(a)(15)(H)(i)(B).
Subsection (a)(15) literally defines the term "immigrant" to exclude people in the subsequent subsections, including (H)(i)(b). Subsection (a)(15)(H)(i)(b) then reiterates that the category is for someone "who is coming temporarily to the United States to perform services." Congress didn't hide the ball.
Everyone who has applied for an "adjustment of status" is following the rules. It's literally a procedure you submit to USCIS.
People who have done everything by "following the rules" are now seeing the US backpedal on what was promised to them via an administrative memo published by USCIS at the behest of the president—not through new legislation enacted by Congress.
I don't know where you're getting your information from, but it's factually incorrect.
And as someone else said, "justice" does not mean following the law. That's the definition of "legal".
It's important to anchor these topics at a certain level of understanding of Law and Economics to discuss optimal policy, otherwise we'll just talk past each other with uninformed political views.
Your information is factually incorrect. You're confusing the USCIS procedures for the actual law. The current H1B to green card pipeline was never much more than "an administrative memo" to begin with.
Read 8 USC 1101, specifically subsections (a)(15) & (a)(15)(H)(i)(B). The statute classifies H1Bs among the "nonimmigrant aliens," and states that the category is for someone "who is coming temporarily to the United States to perform services." Does that sound to you like it was mean to be a pathway to permanent residency?
There was never a "promise" in the law. Instead, there were a set of USCIS practices and procedures that amounted to nothing more than writing down what USCIS was currently doing. But USCIS never had authority to turn what Congress created as a temporary worker program into a permanent path to citizenship.
I'm sympathetic to people who put their eggs in the H1B basket. As an immigrant, how are you supposed to understand constitutional law and limits on executive power? But the fact is that the modern H1B regime was created almost entirely by executive fiat and it can be undone by executive fiat as well. (All the 1990 Act did was undo some presumptions but left the executive free to decide at any time that an H1B has immigrant intent, which is a basis for visa revocation.)
Intent (are you planning to switch immigrant visa later) and status (immigrant/non-immigrant) are two different things. Visas like B1 are non-immigrant and require that you are not intending to abandon your foreign residence. In practice that means that when you enter US you cannot be planning to apply for immigrant visa. H1B is also non-immigrant visa, but it is dual intent visa meaning it doesn't have that requirement and thus it's fine to enter even if you intent to apply for GC. You can even exit and re-enter after submitting your application.
> In practice that means that when you enter US you cannot be planning to apply for immigrant visa.
You are correct about this.
> H1B is also non-immigrant visa, but it is dual intent visa meaning it doesn't have that requirement
You're incorrect about this. The concept of "dual intent" doesn't exist in the Immigration and Naturalization Act. It was created by executive fiat. H1Bs, like other non-immigrant visas, still requires non-immigrant intent. It's different only that it has two carve-outs:
Subsection (b) excludes H1Bs from the "presumption" of immigrant intent that applies to other categories of aliens. Subsection (h) provides that applying for permanent residency "shall not constitute evidence of an intention to abandon a foreign residence" for H1Bs.
So H1Bs must still have non-immigrant intent. It's just that they are carved out of certain presumptions that would automatically establish immigrant intent, which would lead to denial of their visa. It gives the executive flexibility to essentially look the other way when an H1B applies for a green card. But it doesn't confer any legal rights* onto the H1B. The administration can at any time decide that you actually have immigrant intent and yank your visa.
>>
admitted into the United States as nonimmigrants to depart rather than
pursue adjustment of status. Such aliens are generally expected to pursue an immigrant visa and
admission from outside the United States if they wish to reside permanently in this country.
H1-B was already a dual intent visa. Are they trying to create a new visa category?
Whatever they are trying to get to this is a big concern for all H1B employees.
This is such an insanely unpopular move even among some of trump’s supporters.
I really think this will be this version of the republican party’s suicide note.
> it's somehow not that unpopular among the less bright.
politics aside, do you realistically believe that you can view twitter and actually mentally carve out the opinion of a group of people in real life?
that's exactly the issue with twitter.
for one : you're polling twitter users (a TINY subsect of humanity), two : you're extracting opinion from those that seek to broadcast it (an outlier) , and three: twitter never self-exposes the world to a user, it selectively curates and amplifies, and fourth : it's one of the most gamed communications arenas in existence.
you're viewing the world through an itty-bitty twitter-colored monocle and making sweeping accusations across large cohorts, it's not an accurate portrayal of actual human opinion.
> It's an insanely stupid move, but from what I'm seeing on Twitter, it's somehow not that unpopular among the less bright.
Nah. I’m an Indian-American (born in America, never visited India) working at a FANG company here in SF South Bay and I support this policy.
We need fewer immigrants in America for the next 10 years until we can sort out our domestic issues (education, healthcare, taxation, cost of living).
Once the immigrants are gone and birthright tourism / birthright citizenship to non-US citizen parents is also gone (hopefully next week), politicians can no longer blame immigrants for americas problems.
Or we could build more houses, and schools and hospitals. When did we become a country of scarcity instead of builders? Half of downtown down San Francisco is built on the abandoned boats from migrants that were building too fast to bother moving the boats that brought them to the gold rush so they just built a city on top.
We could create special economic zones like china, allow 200 million immigrants into the country with a goal of a billion people to match the population of china and India. Make it a condition of citizenship that they help build ten homes or similar infrastructure. Immigrants could be the solution to all the problems you cite and they certainly aren’t the reason those problems exist.
It’s sad you don’t realize who you’re getting in bed with. H1Bs and their families are only 0.4% of the population and yet they’re being blamed for -all of americas problems. Must be your first rodeo around the american political system if you actually think they will no longer blame you even if that number shrinks to 0.1%. The economic considerations have always been a pretense. Some of them hate you because you’re brown but not the kind of exploitable cheap labour brown that serves them food and cleans their houses. Politicians see an easy scapegoat to blame for their mismanagement of the country and lean on the narrative. Indians keep leaning republican and learning this lesson over and over again.
Or evidence that they are confident their takeover and transition to single party rule was successful a they are not subject to further accountability.
If something seems irrational it’s usually a sign that you don’t understand the underlying logic. This behavior is totally logical if they aren’t worried about losing power.
So the racists in the Trump administration - my guess is Stephen Miller types - are literally making it so that LEGAL immigrants have to spend thousands of dollars and time to go submit a form in another country, when they can do it here? Or online? Why?
The cruelty is the point. They want the economic benefit of immigrants but also want them to live in uncertainty and without any easy path to settling down. Complete and utterly stupid.
No, it is not. And if you fall in love and want to get married to someone on a student visa, your fiancée should not need to leave the country for a year or two to wait for paperwork to process. Which is one of the real world impacts of this change.
The green card process can take 9 to 20 months and applying for a green card demonstrates an intent to immigrate so it's highly likely attempts to return on other temporary visas like a student visa will be denied.
So they likely have to wait out the green card process abroad unless they secure a dual-intent visa like an H-1B.
There's also 75 countries that the US has shut down consular processing for so those people may be locked out getting a green card entirely.
Absolutely not. My wife could apply for German permanent residency as well as now German citizenship from within Germany. She has been living in Germany for 10 years now and at no point in the process did she have to go through a German consulate (she is a US citizen).
For many immigration statuses in Sweden, you must leave and apply outside of the country (outside of Schengen for non EU-citizens) to change status. This was even the case before the current right wing government was elected.
Except for the part about requiring you to leave to process your application.
Wait times to process applications depend on your country of origin and visa type. If you are an H1B from India that was already decades approaching never. Same for Brazil and elsewhere.
And that was before Trump. All that was practically halted.
[dupe] https://news.ycombinator.com/item?id=48240323
@dang can we merge comments?
Absurd, currently trying to figure out how to sponsor my wife and now this. The wording seems to imply that even those here on valid non-immigrant visas (F1) would need to apply via their home country. It doesn’t help that I130+I485 (AOS) could take over a year to process?
If you have filed I485 and they fail to process it before your current visa expires (D/S ends like F1 OPT). Then what? You just have to leave, abandon AOS and re-apply for CR1?
It’s insane that the simplest immigrant pathway; spousal green card could take 12+ months and may now require temporarily moving and being separated. Guess I actually will be paying $4K for a lawyer (plus the 3-4K just to file the USCIS forms).
I wish they would just have a simple fast lane for the 100% legal, non-complicated case.
And don't forget that US consulates in 75 countries, or approximately a third of the globe, have stopped conducting Green Card interviews.
> simple fast lane for the 100% legal, non-complicated case
Immigration policy in the current administration (which seems to be driven by Stephen Miller) is not based around legalaities, it's based around cutting immigration as much as possible because that's what satisfies Trump's voter base. These people do not care if you 'did it the right way'. They have an atavistic hatred of foreigners.
> Immigration policy in the current administration (which seems to be driven by Stephen Miller) is not based around legalaities, it's based around cutting immigration as much as possible
White immigrants are fine with this administration.
"All but 3 of 6,069 refugees taken in by Trump are White South Africans"
https://www.telegraph.co.uk/us/news/2026/05/22/trump-south-a...
Happens as well in Germany and it's pure insanity. The US at least does not depend on migration as much as Germany, I believe.
Even the current right wing party CDU doesn't seem to want to make migration harder, but when the extremist party AfD gets voted into office, an already highly damaged balance will break.
Sad how people become so detected from reality that they make their society irrelevant and destroying a lot of wealth in the process.
> The US at least does not depend on migration as much as Germany, I believe.
To me it feels like the US pretends they don’t need immigrants when:
1. The overwhelming majority of current US residents were immigrants themselves at some point in the last 150 years (only natives were there, everyone else immigrated from somewhere)
2. The US wouldn’t function without illegal immigrants
3. Every country is short of workers in one domain or another. Encouraging immigration in these domains (see how Canada does it for instance) would be the smart move. But instead… yeah let’s make it even harder across the board
1. Appealing to the attitudes of 150+ years ago leads to all sorts of absurdities. We live in 2026.
2. The US not functioning without illegal immigrants is a bad thing. More often than not, employers like illegal immigrants because they can abuse them in some way or another. If you actually interact with illegal immigrants or the people that employ them, this is clear. “We need modern indentured servitude” is not the country I want to live in. I would rather these industries just be subsidized by the government to whatever extent it takes for US citizens to take the jobs with all of the protections we expect workers to have.
3. Not every country is short of workers. Employers may be short of workers that they can lord over, but refer back to point 2. Pointing to Canada’s policy as an example of a “smart move” is a strange play.
The current administration is certainly not working on the above premises, but I’m floored when I hear supposedly progressive people going on about who is going to work the psychologically scarring meatpacking plants if we don’t take on an undefined number of people who are only here to get shit on for a good paycheck. I have compassion for illegal immigrants, which is exactly why I don’t want them in the US.
My point wasn’t that exploiting illegal immigrants is good.
My point was that with the sorely lacking rules already in place, illegal immigration is a problem and at the same time there is still a supply problem.
So acting even more high and mighty like it’s the greatest place on earth to be and require people who want in to grovel even more certainly isn’t good policy.
I’m also confused why you think Canada isn’t doing it better? You can immigrate but your profile needs to match what the country needs: its win win, because once you’re there you have a fair chance at a good life (integration, job, etc) vs taking anyone in and then having issues with people who can’t find jobs, be happy in the country, and integrate into society.
But the process around the US visa and immigration program is a lot more hostile than it needs to be. I had the displeasure to deal with this grinder and it’s really showing that the attitude is “you’re less than nothing, it’s up to you to prove you’re worthy of us even reading the forms you filled in and paid for, fuck you very much”
People are repelled by country shopping by 3rd worlders.
EU countries are working on imigration rules that would allow for bringing imigrant labour without ever extending citizen privileges to them. A sort of permanent uderclass. This is what voters want at this time.
By the way, if you move outside the country, you lose Domicile which is required to sponsor the visa. And if you don't spend enough time in their country visiting them, your application can be temporary "denied" (delayed) with a request for evidence (that the relationship is real) they'll spend 3 months deliberating over.
Today's news make this crystal clear: the current admin does not want citizens marrying outside the country, regardless of how quickly the marriage rate among US population is falling.
> I wish they would just have a simple fast lane for the 100% legal, non-complicated case.
The explicit purpose of this is to reduce legal immigration, and reduce the number of people becoming citizens.
There is no world in which the same racist, fascist administration doing this does anything remotely like what you describe.
This is probably for the best in the long term. They've added enough friction, insanity and disdain for foreigners that no sane person will immigrate and we can start to build stronger industries and trade relationships outside the US.
From what I could understand from the 6-page memorandum, (my paraphrase) "the law allows us to be nice and convenient, but doesn't require us to be nice and convenient, so we decided to make things hard and cruel going forward"
The current administration is sending a pretty clear message to immigrants.
How is this good in any way?
How could this ever help to build stronger industries or trade relationships?
If somebody hands you a shit sandwich you don't need to pretend it tastes good.
They mean good for everyone NOT the US. Because now say, Germany or France, or where ever, come off as a better place to immigrate, so other countries can build stronger more competitice businesses.
This move, like everything the MAGA administration does, will only weaken the US.
Even better for other countries, anyone the US produces who isn't a raging idiot, also are more likely to want to immigrate from the US.
It will help would-be immigrants understand that the US does not want them and that it would be a mistake to invest time and energy trying to build a future in a country that hates them and can nuke their lives at the drop of a hat. It will help other countries that are not the US retain their talent and build up their own industries. A greater diversity in distribution of talent and industry across the world is a more resilient system.
It’s not a more resilient system. It creates geographic isolation and friction. It dilutes the talent pool instead of concentrating it which limits cross pollination. It also reduces specialization that drives efficiency and lets each country focus on what it does best and then trade with others.
I think that’s a bit dramatic saying the US hates them, but yes to your other point. The US is taking the position that it has more to gain from having strong and prosperous trading partners than it does from exploiting those nations and draining them of talent.
Yeah look at like any one of the 10,000 things this administration, Trump, Miller, republicans have said about immigrants. Look at ICE detention centres, how many hundreds or thousands of people have literally died, denied basic medical care or humane conditions, ICE agents who executed US citizens facing 0 consequences. ICE agents on camera ramming a car, radioing in to say that the car rammed them, and then shooting the driver. Cold-blooded execution. I could go on forever. Tell me again how stating that they hate immigrants is being dramatic.
It’s just facts but they’ve been boiling the frog and doing so many idiotic and horrific things at once that people have completely checked out.
It could be good for anyone country that's not the US (despite our hubris, we're not actually the center of the universe). But for the US, a country built on immigrants ands immigration, probably not so much. We fucked around, we found out.
Well, we're continuing to find out. We haven't exactly scraped rocked bottom yet.
I think the parent is saying it's good because immigrants will go elsewhere and the US will continue to decline. Which will be good for humanity.
I think it's sarcasm
Isn’t it better for the smart people in India to stay there and make India richer, instead of coming to the U.S. to make billionaires here richer? These countries absolutely suffer from the brain drain.
Yes exactly. One country sucking up all the best talent is not good for the world, its a single point of failure.
That's not really how it works. Immigrants also benefit from coming to the US.
Skilled labor immigration is great for everyone involved, and bad only for the countries that suffer the brain drain.
But it's not zero-sum. The damage to those countries from losing talent is smaller than the benefits to the immigrant, their new country, and ultimately all of humanity.
> and bad only for the countries that suffer the brain drain.
That's a pretty big qualifier!
> The damage to those countries from losing talent is smaller than the benefits to the immigrant, their new country, and ultimately all of humanity
Isn't it the opposite? Creating wealth and technology in India helps a billion quite poor people. Creating wealth in the U.S. helps 300 million already rich people.
Except you can't create Google in India. Google isn't minted by divine inspiration hitting a couple of smart guys in a garage.
It's created by an entire ecosystem that allows a project like that to be conceived and executed in such a way that has benefited the entire world, including the poor in India.
It's a big qualifier, but like I said, it's not zero-sum.
No economist will argue that limiting skilled labor immigration (or any immigration, really!) is an optimal policy for improving the lives of the poor elsewhere. It just doesn't work that way.
That's why I said long term. This logic might as well argue it would be better for China to have had huge immigration to the US 50 years ago and contribute to the manufacturing or automobile industries there. But they didn't, and now they've built up their own ecosystems instead that are more efficient and ahead of the US' ecosystems. You can create Google in India or BYD in China, it just takes time for the ecosystem to build. It has helped China at least, and maybe the world more than if they had immigrated en masse.
The other line of argument is again the fault-tolerance I mentioned above, maybe see Taleb or distributed systems. Maximizing efficiency has trade-offs in resiliency. Yes it might be less efficient for there to be 3 ecosystems in 3 countries instead of 1, but its more resilient to shocks. We saw the risks of highly efficient but single point of failure supply chains materialize just a few years ago during the pandemic.
It's also pretty obvious that the tech companies being in the US benefits the US more than other countries. The big salaries are in the bay area, the tax revenue goes to the US, all the ex-Googlers founding new companies found them in the US etc.. So of course Google being founded in country X would benefit country X more than it being founded in the US.
> So of course Google being founded in country X would benefit country X more than it being founded in the US.
Exactly. Obviously it’s better for China that BYD and Huawei were founded in China rather than the US. It’s better for Korea that Samsung and LG were founded there instead of the U.S.
I doubt its better for India to have Indians making Google richer than to have them staying in India to make something even a fraction of the size of Google in India. How is India going to create that ecosystem if all the smart people leave?
It's better to not frame this in terms of a specific country, lest it come across as if we're picking on India specifically.
Developing countries have structural reasons for why they are underdeveloped. This is a very complicated topic, and one for which there is no shortage of academic interest. I suggest starting from William Easterly's "The Elusive Quest for Growth".
I quote here from the book review MIT Press:
> What is necessary for growth is that government incentives induce investment in collective goods like education, health, and the rule of law
> This is a very complicated topic, and one for which there is no shortage of academic interest. I suggest starting from William Easterly's "The Elusive Quest for Growth
What's Easterly's qualifications? Has he ever successfully improved the economy of a developing country? I'd rather learn what LKY or Park Chung Hee or heck even Deng Xiaoping or Pinochet had to say.
This is the correct answer. Concentration of talent creates cross pollination and collaborative learning. The innovation is then exported.
The innovations immigrants created in the UK during the Industrial Revolution made everyone wealthier. The innovations made by Immigrants in in Silicon Valley have made the world more wealthy. And it was in part due to the concentrated talent pool that made it possible.
In many cases a talented/smart person will bring little to zero value to a country with ossified institutions, but huge value to one with the right systems in place to build value.
The way it works is that the origin country is worse off when people leave, but in general immigrants are much better off for moving, and it's not even close.
A big argument for letting people emigrate is that they owe no real debt to the county where they are born, or the city, or anything like that. They aren't selfs owned by a nobleman. If moving increases their personal lot, why should we stop them?
> Isn’t it better for the smart people in India to stay there and make India richer, instead of coming to the U.S. to make billionaires here richer?
An Indian’s greatest accomplishment in life is leaving India.
I don’t know how this will play out for employment based categories. You need to be have a job and be on a valid visa to even apply for a green card. How do you then go outside the country, apply for a green card, all the while maintaining your job and a visa while you wait for the application to be processed? As far as I know not being in the US for extended periods of time, voids your work visa in the first place.
IANAL. My understanding is that you can do consular processing even if you are in the US, it's just that you need to leave to do the interview (and things like biometrics) and get the actual visa.
Now I'm not sure if you are allowed to re-enter after your interview before your case is decided/you get the visa but I would imagine so (if have valid visa), you would just need to exit again to get the visa later.
Also not a lawyer.
I believe the issue with what you're describing is that if you're on a temporary visa, like a student visa, applying for a green card shows intent of immigration so you cannot return to the US on a student visa.
If you have an H-1B already you may be able to do what you're describing. If you're a recent grad in the US this basically locks you out of trying to get a green card until you've already secured an H-1B.
> You need to be have a job and be on a valid visa to even apply for a green card.
False
You don’t need a job to apply for green card.
Valid visa, yes. But that’s easy.
It’s amazing to see someone do literally all of the opposite things to create a successful business, country, economy and world.
It's shocking, actually. Horrifying, and again I say: They do all of the things one would expect them to do if their stated goal was the absolute destruction of the United States of America. They are traitors, no more, no less.
The U.S. doesn’t have a real statutory pathway to permanent residency for skilled immigrants. The current H1B to Green Card pipeline is built on a legal fiction papered over a visa program that was the word “non-immigrant intent” written all over the statute.
Gemini gets this correct: “The H-1B visa is a nonimmigrant classification that allows U.S. employers to temporarily employ foreign nationals in ‘specialty occupations’ that require highly specialized knowledge and at least a bachelor's degree.”
You're not actually wrong, but your phrasing makes it sound like that somehow excuses this travesty of justice.
I can only assume that's accidental. You're the 17th most active person on HN, so I'm certain you've seen an overwhelming amount of evidence of how skilled immigrants are immensely beneficial to the US economy.
The H-1B is not the only path to a green card. There are many ways, every case is different, and pretty much all of the paths suck, even if you do everything right.
This decision only makes all of those paths worse.
> evidence of how skilled immigrants are immensely beneficial to the US economy.
That's irrelevant. "Justice" means following the rules. Congress gets to decide the immigration laws. Congress has never created a real system for skilled permanent immigrants. The term "H1B" actually comes from 8 USC 101(a)(15)(H)(i)(B).
Subsection (a)(15) literally defines the term "immigrant" to exclude people in the subsequent subsections, including (H)(i)(b). Subsection (a)(15)(H)(i)(b) then reiterates that the category is for someone "who is coming temporarily to the United States to perform services." Congress didn't hide the ball.
It's just an example of how the immigration laws have been a bait-and-switch for decades: https://www.nytimes.com/2024/10/29/podcasts/the-daily/electi...
Everyone who has applied for an "adjustment of status" is following the rules. It's literally a procedure you submit to USCIS.
People who have done everything by "following the rules" are now seeing the US backpedal on what was promised to them via an administrative memo published by USCIS at the behest of the president—not through new legislation enacted by Congress.
I don't know where you're getting your information from, but it's factually incorrect.
And as someone else said, "justice" does not mean following the law. That's the definition of "legal".
It's important to anchor these topics at a certain level of understanding of Law and Economics to discuss optimal policy, otherwise we'll just talk past each other with uninformed political views.
Your information is factually incorrect. You're confusing the USCIS procedures for the actual law. The current H1B to green card pipeline was never much more than "an administrative memo" to begin with.
Read 8 USC 1101, specifically subsections (a)(15) & (a)(15)(H)(i)(B). The statute classifies H1Bs among the "nonimmigrant aliens," and states that the category is for someone "who is coming temporarily to the United States to perform services." Does that sound to you like it was mean to be a pathway to permanent residency?
There was never a "promise" in the law. Instead, there were a set of USCIS practices and procedures that amounted to nothing more than writing down what USCIS was currently doing. But USCIS never had authority to turn what Congress created as a temporary worker program into a permanent path to citizenship.
I'm sympathetic to people who put their eggs in the H1B basket. As an immigrant, how are you supposed to understand constitutional law and limits on executive power? But the fact is that the modern H1B regime was created almost entirely by executive fiat and it can be undone by executive fiat as well. (All the 1990 Act did was undo some presumptions but left the executive free to decide at any time that an H1B has immigrant intent, which is a basis for visa revocation.)
You should listen to this NYT podcast on America's immigration system and how its operation in practice is very different from what voters thought they were getting: https://www.nytimes.com/2024/10/29/podcasts/the-daily/electi...
Justice doesn’t mean following the law. It is possible to have an unjust law. Like red lining or slavery. Or civil forfeiture. Etc
Intent (are you planning to switch immigrant visa later) and status (immigrant/non-immigrant) are two different things. Visas like B1 are non-immigrant and require that you are not intending to abandon your foreign residence. In practice that means that when you enter US you cannot be planning to apply for immigrant visa. H1B is also non-immigrant visa, but it is dual intent visa meaning it doesn't have that requirement and thus it's fine to enter even if you intent to apply for GC. You can even exit and re-enter after submitting your application.
> In practice that means that when you enter US you cannot be planning to apply for immigrant visa.
You are correct about this.
> H1B is also non-immigrant visa, but it is dual intent visa meaning it doesn't have that requirement
You're incorrect about this. The concept of "dual intent" doesn't exist in the Immigration and Naturalization Act. It was created by executive fiat. H1Bs, like other non-immigrant visas, still requires non-immigrant intent. It's different only that it has two carve-outs:
Subsection (b) excludes H1Bs from the "presumption" of immigrant intent that applies to other categories of aliens. Subsection (h) provides that applying for permanent residency "shall not constitute evidence of an intention to abandon a foreign residence" for H1Bs.
So H1Bs must still have non-immigrant intent. It's just that they are carved out of certain presumptions that would automatically establish immigrant intent, which would lead to denial of their visa. It gives the executive flexibility to essentially look the other way when an H1B applies for a green card. But it doesn't confer any legal rights* onto the H1B. The administration can at any time decide that you actually have immigrant intent and yank your visa.
From the USCIS policy directive.
>> admitted into the United States as nonimmigrants to depart rather than pursue adjustment of status. Such aliens are generally expected to pursue an immigrant visa and admission from outside the United States if they wish to reside permanently in this country.
H1-B was already a dual intent visa. Are they trying to create a new visa category?
Whatever they are trying to get to this is a big concern for all H1B employees.
> Whatever they are trying to get to this is a big concern for all H1B employees.
Thankfully H1B is a small visa category.
No paywall link: https://archive.is/yi2cX
This is such an insanely unpopular move even among some of trump’s supporters. I really think this will be this version of the republican party’s suicide note.
It's an insanely stupid move, but from what I'm seeing on Twitter, it's somehow not that unpopular among the less bright.
> it's somehow not that unpopular among the less bright.
politics aside, do you realistically believe that you can view twitter and actually mentally carve out the opinion of a group of people in real life?
that's exactly the issue with twitter.
for one : you're polling twitter users (a TINY subsect of humanity), two : you're extracting opinion from those that seek to broadcast it (an outlier) , and three: twitter never self-exposes the world to a user, it selectively curates and amplifies, and fourth : it's one of the most gamed communications arenas in existence.
you're viewing the world through an itty-bitty twitter-colored monocle and making sweeping accusations across large cohorts, it's not an accurate portrayal of actual human opinion.
> It's an insanely stupid move, but from what I'm seeing on Twitter, it's somehow not that unpopular among the less bright.
Nah. I’m an Indian-American (born in America, never visited India) working at a FANG company here in SF South Bay and I support this policy.
We need fewer immigrants in America for the next 10 years until we can sort out our domestic issues (education, healthcare, taxation, cost of living).
Once the immigrants are gone and birthright tourism / birthright citizenship to non-US citizen parents is also gone (hopefully next week), politicians can no longer blame immigrants for americas problems.
Or we could build more houses, and schools and hospitals. When did we become a country of scarcity instead of builders? Half of downtown down San Francisco is built on the abandoned boats from migrants that were building too fast to bother moving the boats that brought them to the gold rush so they just built a city on top.
We could create special economic zones like china, allow 200 million immigrants into the country with a goal of a billion people to match the population of china and India. Make it a condition of citizenship that they help build ten homes or similar infrastructure. Immigrants could be the solution to all the problems you cite and they certainly aren’t the reason those problems exist.
If you think this is going to immunize you from the worst of what the MAGA movement has to offer I think you're in for a rude awakening.
It’s sad you don’t realize who you’re getting in bed with. H1Bs and their families are only 0.4% of the population and yet they’re being blamed for -all of americas problems. Must be your first rodeo around the american political system if you actually think they will no longer blame you even if that number shrinks to 0.1%. The economic considerations have always been a pretense. Some of them hate you because you’re brown but not the kind of exploitable cheap labour brown that serves them food and cleans their houses. Politicians see an easy scapegoat to blame for their mismanagement of the country and lean on the narrative. Indians keep leaning republican and learning this lesson over and over again.
Or evidence that they are confident their takeover and transition to single party rule was successful a they are not subject to further accountability.
If something seems irrational it’s usually a sign that you don’t understand the underlying logic. This behavior is totally logical if they aren’t worried about losing power.
So the racists in the Trump administration - my guess is Stephen Miller types - are literally making it so that LEGAL immigrants have to spend thousands of dollars and time to go submit a form in another country, when they can do it here? Or online? Why?
The cruelty is the point. They want the economic benefit of immigrants but also want them to live in uncertainty and without any easy path to settling down. Complete and utterly stupid.
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I was under the impression that this is roughly how it works (assume equivalency) in most European countries is it not?
No, it is not. And if you fall in love and want to get married to someone on a student visa, your fiancée should not need to leave the country for a year or two to wait for paperwork to process. Which is one of the real world impacts of this change.
Why wouldn’t your spouse just stay on the student visa? From what I gather it’s purely the processing that is overseas.
Stay on whatever visa you’re on -> apply for consular processing -> travel for interview -> enter on green card
The green card process can take 9 to 20 months and applying for a green card demonstrates an intent to immigrate so it's highly likely attempts to return on other temporary visas like a student visa will be denied.
So they likely have to wait out the green card process abroad unless they secure a dual-intent visa like an H-1B.
There's also 75 countries that the US has shut down consular processing for so those people may be locked out getting a green card entirely.
Right. But logically it makes sense - unless you have a valid visa you’re not allowed to stay.
You could go the fiancé visa route and stay in status while waiting for the green card.
I think what this policy is trying to avoid is the blanket “you can stay while processing even if you’re not in the country legally”
Absolutely not. My wife could apply for German permanent residency as well as now German citizenship from within Germany. She has been living in Germany for 10 years now and at no point in the process did she have to go through a German consulate (she is a US citizen).
For many immigration statuses in Sweden, you must leave and apply outside of the country (outside of Schengen for non EU-citizens) to change status. This was even the case before the current right wing government was elected.
Except for the part about requiring you to leave to process your application.
Wait times to process applications depend on your country of origin and visa type. If you are an H1B from India that was already decades approaching never. Same for Brazil and elsewhere.
And that was before Trump. All that was practically halted.