6 ms·

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.

ahussain 1y ago
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.
- jltsiren 1y ago
  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.
louison11 1y ago
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.
- foolinaround 1y ago
  classic case of supply and demand
- coolspot 1y ago
  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.
  - legolas2412 1y ago
    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.
  - louison11 1y ago
    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?
- abraxas 1y ago
  > 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.
  - CalRobert 1y ago
    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.

ahussain 1y ago

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.

jltsiren 1y ago
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.

louison11 1y ago

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.

foolinaround 1y ago
classic case of supply and demand
coolspot 1y ago
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.
- legolas2412 1y ago
  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.
- louison11 1y ago
  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?
abraxas 1y ago
> 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.
- CalRobert 1y ago
  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.