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This has nothing to do with H1B denials - It has to do with the fact that green cards are allocated based on a per-country quota. Other visas, especially H1B a
by umeshunni 7y ago
This has nothing to do with H1B denials -
It has to do with the fact that green cards are allocated based on a per-country quota. Other visas, especially H1B are not.
So, to simplify:
- Assume there are 1000 H1B visas and 1000 green cards allotted each year and that an H1B worker can apply for a green card after living in the US for a year.
- 50% of H1Bs are from India, so there are 500 H1Bs a year from India
- But green cards are subject to a 100/year/country quota. So, the next year, only 100 of the Indian H1B workers can apply for a green card.
- This creates a backlog of 5 years for all the 500 to get a green card
- The problem keeps getting worse because the next year, there are 500 more Indian workers applying for a green card but the queue only has 100 more green cards to allocate, so now the wait for the last applicant is now 8 years.
- This process then repeats for a few years and workers from India now have a 100+ year wait for a green card.
In reality, not all H1B workers apply for a green card and there have been some temporarily relief mechanisms passed in the past to mitigate the delays, but you can see why the problem is especially bad for workers from India. In the past, it was a problem for Chinese workers as well, but with the economy in China improving in the past few years, there is lower demand from Chinese workers for green cards.
- droithomme 7y agoAs described with those numbers, it is clear that Indian nationals are especially favored, not discriminated against as was claimed. Thus the complaint is really that India, favored above all other nations, is not favored enough. Same chance at green cards as other countries, and massively more chance at H1B, utilizing 50% of all slots, and therefore more than any other nation. If one wishes to establish a balance between H1Bs and Green Cards on a per nation basis, the H1Bs could likewise be limited on a per-country basis, matching that of the Green Card allocation.
- belltaco 7y agoSo Vatican City with its 1000 population is being heavily discriminated against in favor of India because there are basically no H1Bs from there? Stop the press. Let us restrict work visas to one or less than one per country to make it fair to Vatican City.
- droithomme 7y agoInteresting example. Vatican City was granted 0 H1B visas in all of 2018, as well as all previous years I could find. Are you aware of any years where Vatican City used the H1B visa? You must be since you use it as a counter example. 2018 Vatican City was granted a total of 42 non-immigrant visas across all categories. Most of these were consular visas for embassy staff and government officials on official business. H category work visas are totally non present. In 2018 India was granted 125,528 H1B, 111,242 H-4 (family of H1B), 42,694 F-1 (student), and others coming to a total of 1,006,802 non-immigrant visas. Only Mexico and China had more visas overall, with Mexico at 1,372,420 and China with 1,464,810 non-immigrant visas. Nearly all of China's and Mexico's visas were B-1,2 which are for very short tourism and business trips. This was also the case with India, with 616,312 visas being B-1,2. As to H1B visas, China received 27,482 and Mexico received 2,524. Looking at work visas, India dominates all other nations by a large factor. Bringing up the Vatican is an amazing argument given that they receive zero temporary work visas each year. Yet you still continue to argue that India is being unfairly discriminated against by the United States. You are privileged to argue this, and also disingenuous.
- DuskStar 7y agoI think what you're missing is that it isn't the absolute numbers of green cards and H1-Bs that matter, but the number per qualified applicant or per source country population. If each country has 1000 green cards allotted, it's going to be far easier to be a top 1000 applicant from a country of 1,000,000 (or 1,000) than from a country of 1,339,000,000. Or put another way - India, the country, might not be discriminated against, as it gets the same allocation of green cards as everyone else. Indians, the people from India, are discriminated against, as there are far fewer green cards per person allocated. (the situation is of course more complicated than each country getting a flat number of green cards, but the idea holds)
- droithomme 7y agoAll right. We can do it as a proportion of population, as you wish. Given that zero Vatican citizens receive green cards or H1B visas in the US each year, the population corrected ratio of H1B visas and green cards granted to India vs granted to Vatican, having zero in the denominator, is actually "infinity" for both. Indian citizens receive infinitely more green cards and infinitely more H1B visas than Vatican citizens. Those are the actual numbers we get when using Vatican as a counter example. India is infinitely more privileged and favored here.
- poweribo 7y agoYup. compare this to i.e. Philippines. I only had to wait 2 yrs for my GC while a lot of my indian colleagues are still waiting. Due to the extreme backlog, they couldnt really plan long term for their families.
- eatbitseveryday 7y agoThere’s always an option to marry a US citizen (genuinely if it happens) and get a GC without being subject to a quota.