New rule requires most green-card applicants to apply from outside U.S.

az226

No paywall link: https://archive.is/yi2cX

SV_BubbleTime

I was under the impression that this is roughly how it works (assume equivalency) in most European countries is it not?

rayiner

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.”

zaptheimpaler

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.

busterarm

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.

darth_avocado

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.

chopete3

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.

KingMachiavelli

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.

digitaltrees

It’s amazing to see someone do literally all of the opposite things to create a successful business, country, economy and world.

booleandilemma

This news made my day. Where's that asshole immigration lawyer that likes to post here? I wonder how he feels about it.

ChrisArchitect

[dupe] https://news.ycombinator.com/item?id=48240323