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Why don’t they get an E2 visa which is designed for immigration for those with high skills and advanced degrees? An H visa is a temporary, non-immigrant visa a

Why don’t they get an E2 visa which is designed for immigration for those with high skills and advanced degrees? An H visa is a temporary, non-immigrant visa and was never intended as a path to a green card. Frustration around long queues for green cards for H visas doesn’t make any sense because that is, by its very definition, a non-immigrant visa. Expecting permanent residency from a non-immigrant visa is no different than expecting a French tourist visa to lead to residency.

briandear 8y ago
Why is this downvoted? Was anything in or untrue? H visas are temporary, non-immigrant visas. https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html https://travel.state.gov/content/travel/en/us-visas/employme...
- TechieKid 8y ago
  It's downvoted because you, like your profile says, are "opinionated, inconsistent, irrelevant, irreverent and incontrovertible", and regardless of the number of times you are told that you are wrong and that H1Bs are dual-intent visas, keep parroting the same trash in every immigration related thread. Please quit proliferating nonsense untruths. And here, for future reference, because short of a citation of the law, and probably even then, you won't quit spreading junk knowledge: Better reference: https://www.law.cornell.edu/uscode/text/8/1184 https://www.law.cornell.edu/uscode/text/8/1184 b) Presumption of status; written waiver Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101(a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101(a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101(a)(15) of this title.
  - woud420 8y ago
    Without getting in the history of the parent poster, he's not wrong. H1B is a temporary (non-immigrant) visa which allows dual intent. Yes, most people on dual intent visas eventually petition for a green card but I think it's unfair to qualify his post as "junk knowledge". Same thing with L-1A and O-1. Source : https://www.uscis.gov/working-united-states/temporary-nonimmigrant-workers https://www.uscis.gov/working-united-states/temporary-nonimm...
    - diebeforei485 8y ago
      It is junk knowledge to claim that something was never intended as a path to a green card. Congress clearly intended this it back in 2000, when it passed Public Law 106-313 ("American Competitiveness in the 21st Century Act"), which allowed H-1B extensions beyond 6 years for those who are waiting for green cards. If Congress didn't think the H-1B visa should be a path to a green card, why would they pass that bill? Also the government has recognized it many times through regulation. For example, look at the number of times this regulation talks about a "path": https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled https://www.federalregister.gov/documents/2016/11/18/2016-27...
- addicted 8y ago
  This is false. H1B holders pay into Social Security and Medicare, but are not allowed access to SS and Medicare benefits, precisely because it's a dual intent visa with the intention of immigration.
bgee 8y ago
Disclaimer: I'm not a lawyer. E2 visa is employment-based, which means the applicant needs to be employed by the time they applies (usually through OPT or H1B). So it's not an "either-or" situation.
- bgee 8y ago
  Sorry, I meant EB-2 insteand of E2.
Bhilai 8y ago
E2 Treaty Investors visa is nonimmigrant and requires substantial capital. Source: https://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors https://www.uscis.gov/working-united-states/temporary-worker... So not sure what your comment implies.
belltaco 8y ago
E2 visas are limited to few, mostly European countries. The people referred to in the article are from India. Also, China is backlogged in the green card queue so it's useless for them too. I don't think E2 is an immigrant visa either, anyway E2 is an investor visa, rather than founders. >An H visa is a temporary, non-immigrant visa and was never intended as a path to a green card. Frustration around long queues for green cards for H visas doesn’t make any sense because that is, by its very definition, a non-immigrant visa. It does make sense, because currently the quota is country based. So if you're from a small country, say Cambodia, and have an advanced degee, you can get on a H1B and get a green card in about 7 months, whether 'intended' or not.
- calvinbhai 8y ago
  H1b is a dual intent visa. Which means a person coming to theUS on a H1b visa can apply for green card. If you think it makes sense for a person born in India to wait for 150 years while paying taxes etc, and a person born in a different country waits for 7 months, we’ll, it’s clear what your POV is.
foldr 8y ago
The EB-2 (if that's what you were referring to) is one of the "exceptional ability" visas. The requirements are quite difficult to meet for a regular professional software engineer.
diebeforei485 8y ago
> was never intended as a path to a green card Not true. Congress clearly intended this back in 2000 when it passed AC21, and the government has also recognized this through regulation.

briandear 8y ago

Why is this downvoted? Was anything in or untrue? H visas are temporary, non-immigrant visas. https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html https://travel.state.gov/content/travel/en/us-visas/employme...

TechieKid 8y ago
It's downvoted because you, like your profile says, are "opinionated, inconsistent, irrelevant, irreverent and incontrovertible", and regardless of the number of times you are told that you are wrong and that H1Bs are dual-intent visas, keep parroting the same trash in every immigration related thread. Please quit proliferating nonsense untruths. And here, for future reference, because short of a citation of the law, and probably even then, you won't quit spreading junk knowledge: Better reference: https://www.law.cornell.edu/uscode/text/8/1184 https://www.law.cornell.edu/uscode/text/8/1184 b) Presumption of status; written waiver Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101(a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101(a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101(a)(15) of this title.
- woud420 8y ago
  Without getting in the history of the parent poster, he's not wrong. H1B is a temporary (non-immigrant) visa which allows dual intent. Yes, most people on dual intent visas eventually petition for a green card but I think it's unfair to qualify his post as "junk knowledge". Same thing with L-1A and O-1. Source : https://www.uscis.gov/working-united-states/temporary-nonimmigrant-workers https://www.uscis.gov/working-united-states/temporary-nonimm...
  - diebeforei485 8y ago
    It is junk knowledge to claim that something was never intended as a path to a green card. Congress clearly intended this it back in 2000, when it passed Public Law 106-313 ("American Competitiveness in the 21st Century Act"), which allowed H-1B extensions beyond 6 years for those who are waiting for green cards. If Congress didn't think the H-1B visa should be a path to a green card, why would they pass that bill? Also the government has recognized it many times through regulation. For example, look at the number of times this regulation talks about a "path": https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled https://www.federalregister.gov/documents/2016/11/18/2016-27...
addicted 8y ago
This is false. H1B holders pay into Social Security and Medicare, but are not allowed access to SS and Medicare benefits, precisely because it's a dual intent visa with the intention of immigration.

bgee 8y ago

Disclaimer: I'm not a lawyer. E2 visa is employment-based, which means the applicant needs to be employed by the time they applies (usually through OPT or H1B). So it's not an "either-or" situation.

bgee 8y ago
Sorry, I meant EB-2 insteand of E2.

Bhilai 8y ago

E2 Treaty Investors visa is nonimmigrant and requires substantial capital. Source: https://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors https://www.uscis.gov/working-united-states/temporary-worker... So not sure what your comment implies.

belltaco 8y ago

E2 visas are limited to few, mostly European countries. The people referred to in the article are from India. Also, China is backlogged in the green card queue so it's useless for them too. I don't think E2 is an immigrant visa either, anyway E2 is an investor visa, rather than founders. >An H visa is a temporary, non-immigrant visa and was never intended as a path to a green card. Frustration around long queues for green cards for H visas doesn’t make any sense because that is, by its very definition, a non-immigrant visa. It does make sense, because currently the quota is country based. So if you're from a small country, say Cambodia, and have an advanced degee, you can get on a H1B and get a green card in about 7 months, whether 'intended' or not.

calvinbhai 8y ago
H1b is a dual intent visa. Which means a person coming to theUS on a H1b visa can apply for green card. If you think it makes sense for a person born in India to wait for 150 years while paying taxes etc, and a person born in a different country waits for 7 months, we’ll, it’s clear what your POV is.

foldr 8y ago

The EB-2 (if that's what you were referring to) is one of the "exceptional ability" visas. The requirements are quite difficult to meet for a regular professional software engineer.

diebeforei485 8y ago

> was never intended as a path to a green card Not true. Congress clearly intended this back in 2000 when it passed AC21, and the government has also recognized this through regulation.