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206 points proberts | 15 comments | | HN request time: 0.521s | source | bottom

I'll be here for the next 5-6 hours. As usual, there are countless topics given the rapidly changing immigration landscape and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please stick to a factual discussion in your questions and I'll try to do the same in my answers.

Edit: I am taking a break now and will return later this afternoon/evening to respond to any comments and answer any questions. Thank you everyone for a great and engaged AMA so far.

1. makestuff ◴[] No.44006728[source]
As someone who is a US Citizen, what is something about the immigration process that I probably do not know about, but causes a lot of issues/could be improved.
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2. ahussain ◴[] No.44007083[source]
I have lots of examples:

* By law, the US can only issue 140,000 employment-based green cards per year, and no more than 7% to one country. This means people from India or China can face a 100+ year backlog, even after they have proved they qualify for a green card. There's no cap on marriage-based green cards.

* Processing times for many green cards (i.e. for people who have already qualified, but just need the physical green card), are 12-24 months.

* USCIS still expects many applications to be sent by mail. Some applications (like O-1s, EB-1s) require hundreds of pages of evidence, and it all needs to be printed out on 8.5x11" paper, for USCIS to scan it in on B+W scanners. This means that there is no error checking (e.g. on fee amounts), and if you have made a mistake, you might not know about it for weeks. Also, it means your petition cannot include working hyperlinks, webpages, or videos - the USCIS officer judges the petition by scrolling through a 400+ page PDF.

* The 'standard' post-graduate work visa is the H-1B. It's entirely lottery-based, not merit-based, and typically there are 400,000+ people competing for 85,000 visas. Many qualified people are forced to leave the US each year because they didn't get selected in the lottery.

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3. louison11 ◴[] No.44007338[source]
The standard for employment-based permanent residency (green card) is extraordinarily high. As in, would likely place you in the top 1-5% of the most successful people in the country. That, or you have to invest $800k and create 10 jobs.

No other country in the world requires foreigners to be significantly more qualified than its own population. You can move to France with a regular paying job no problem or just a few thousand euros in savings. Impossible in the US. You have to be extraordinary (they literally call their criteria, "extraordinary abilities") or you have to make top 5% money (so if you work in tech, that would be at least $500k-1M/year in many cases).

The only other way is to get married. This means there is a massive discrepancy between the qualifications of self made immigrants, versus those simply lucky enough to fall in love. It's pretty unfair, but that's how it works. But that's also the reason so many immigrants are so successful in the US, the bar is so high, that it creates a massive motivation to succeed to become eligible for the criteria.

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4. foolinaround ◴[] No.44007484[source]
classic case of supply and demand
5. coolspot ◴[] No.44007562[source]
Maybe for instant green card you have to be extraordinary, but for regular employment-based immigration you don’t have to be.

The path is H1-B -> Green Card -> US citizen (I have done it), and to get H1-B your potential employer gotta post that $60-80k/year job and show that there were no qualifying US applicants for it.

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6. abraxas ◴[] No.44007643[source]
> You can move to France with a regular paying job no problem or just a few thousand euros in savings

Unless something has changed dramatically in the last decade this is patently false. Getting an EU work permit was historically very hard with employers having to demonstrate that a position can't be filled by an EU citizen before a non-EU citizen candidate can be considered.

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7. abxyz ◴[] No.44007731[source]
Many countries have quite strict limitations on immigration for work. Many countries do not permit any immigration without visa sponsorship. The U.S. permits sponsored immigration with a quite reasonable bar (e.g: H1B, L-1). Many countries have similar lottery systems, quotas and minimum salary requirements. Given the demand for immigration into the U.S., it's not too surprising to see the limits (and restrictions) be more prominent.
8. rietta ◴[] No.44007738[source]
I am not a lawyer, but my understanding is the extraordinary ability does not have to germane to your employment. I am aware of the the story of Gabby Franco - who appeared on a season of Top Shot years ago. She was on the Venezuela Olympic pistol team for the 2000 Summer Olympics in Australia. This status as an Olympian got her entry into the USA and eventually citizenship. https://en.wikipedia.org/wiki/Mar%C3%ADa_Gabriela_Franco
9. CalRobert ◴[] No.44007984{3}[source]
Indeed those are the rules but on a practical level it seems pretty simple to get a visa if the company had an even reasonably competitive process. Though I moved to Europe 12 years ago (and went through getting work permits twice), maybe it's gotten harder.
replies(1): >>44010704 #
10. legolas2412 ◴[] No.44008438{3}[source]
Not related, but to add some woes of the american immigration system.

There is no instant green card.

If a truly extraordinary Indian-born person (say a Nobel laureate or olympic gold medalist) files for a green card today, they will be waiting for 7-10 years to get a green card. At this point, it may be worse too, because this category's priority date has not moved a single day in 8 months.

11. throwaway219450 ◴[] No.44010373{3}[source]
The difference in the US is that it's (comparably) extremely difficult to change status from a temporary visa to a permanent one. Even if you are highly qualified. For example the most common academic visa, the J1, is explicitly a temporary exchange program and you can't have immigrant intent (on application). Most universities won't give out academic H1Bs even though they're cap-free.

In most European countries, once you're in, you can find a way to stay. One exception I can think of is Switzerland, which can be pretty annoying for temporary visas because they don't count for time accrual.

Austria has a pretty good system (RWR) that lets you job seek and is a pathway to permanent residency as a 3rd country citizen. I think there are similar programs in France and Germany.

For example "very highly qualified" in Austria is satisfied by almost anyone with a STEM degree, being under 35 and (amazingly) being an English speaker. If you have that initial visa, companies can hire you without worrying about sponsorship.

You could also use that as a route to the Blue card I think. I wouldn't say the bar is exactly low, but a lot of mobile people are sufficiently educated and are paid enough. As in, a typical European STEM salary would cover it.

But also the grandparent's comment is out of touch. Of course countries want people who are more skilled than local labor, that's the whole point. Aside from the benefit of attracting talent and higher tax revenue, it's much harder for your voters to argue that immigrants are taking your jobs this way.

12. louison11 ◴[] No.44010637{3}[source]
You are correct, however the criteria are a lot more relaxed in Europe comparatively. Most positions in tech, engineering and healthcare are often exempt from labor market tests. Also, there are plenty of options for "entrepreneurs" and self-employed digital nomads, often requiring some savings to prove sufficiency. I live in Portugal, and I believe the amount required when we moved was about 12k. In France, I believe it is closer to 21k (which is basically minimum wage multiplied by 12). Still dramatically easier than 800k in the US.
13. louison11 ◴[] No.44010674{3}[source]
This is true, I have omitted this path because I am not so familiar with it. The trouble however is that this only works for employees, not for self-employed or startup founders. So in some way I guess they make it kind-of easier if you just get a job, versus try to create jobs... which is pretty strange?
14. louison11 ◴[] No.44010704{4}[source]
Nah it's still very easy. The logic is pretty simple. Europe could really use more talent... and the bar is quite low. Any developer/engineer of any grade will easily get a visa. Any retiree will also easily get a non-work long-term visa with just 1 year worth of minimum wage (around 20k in most of Western Europe) as savings to prove self-sufficiency. So it's extremely easy and almost a non-issue compared to the other side of the pond.
15. jltsiren ◴[] No.44011418[source]
Hyperlinks are often banned in various kinds of petitions and applications. Mostly to ensure that the entire application is submitted at once and does not change afterwards. Then you can process the application in multiple passes (maybe first for the formal requirements and then for the actual content), confident that the conclusions from the earlier passes are still valid.