alt Hacker News> Applying for a greencard while working on an H, J or O-class visa is extremely common.
But it’s not supposed to be extremely common to apply for a green card on an H or J visa. Those visas are explicitly “nonimmigrant” visas for people “temporarily” in the U.S. who have “no intention of abandoning” their foreign residence. Read the statute: https://uscode.house.gov/view.xhtml?req=(title:8%20section:1.... It’s subsections (a)(15), (a)(15)(H)(i)(b) and (a)(15)(J).
The people who thought of this are trying to return the practice to the actual intent of the law. The law was sold to the American public as a temporary worker program. It was not billed as a pathway for permanent residency.
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The US is a common law system, where the law is a combination of statutes and precedent. The statutes alone are insufficient for interpreting the law.
Your approach would be more correct in a civil law system, but there are no pure civil law systems anywhere in the world. In actual civil law countries, once there is an established interpretation of the law, it usually cannot be changed without legislative action.
People change their minds. Is that illegal? Maybe they had the intention to only be in the US temporarily at first, but now they'd like to get permanent residence. Why shouldn't they be able to apply for it, from the US, while still on the temporary visa?
Then the administration can say yes or no, in the same way that they can say yes or no to someone applying from abroad.
BS!! H is a dual intent visa. Do you have any idea how the law works?
Sure, it’s temporary. But what if you’ve been working in the US for a while, like your job, and want to go permanent? Does it make sense to have to give up your job, move back home where there may not be a US consulate, and then apply from there? Or just apply for permanent residency? Why does your physical location matter if you’re in the country legally already?
If the intention was to limit the number of people becoming permanent residents, then they could have done that explicitly. But by doing it this way, they are just fucking with people. And the talent that built our tech will take all their knowledge and skills back to their home country.
If the intention is to strengthen other countries by stopping their brain drain, then this would be a good move.