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I am not sure if your comment is directed at me but I immigrated to the US. In my case there were probably no more than 1000 people in the whole world willing a

I am not sure if your comment is directed at me but I immigrated to the US. In my case there were probably no more than 1000 people in the whole world willing and able to do my job. It was advertised in the industry job boards along with required by law newspapers. Very few people applied and none of them had been a US citizen or LPR. This is what EB immigration is for. You are welcome to lobby for another EB category based on data and tests, but you should not be allowed to commit fraud in lieu of such a category in the meantime.

darth_avocado 1y ago
EB system is pretty broad. If you really were in a position that only 1000 people in the world were able to do your job, you should’ve applied through EB1, which is designed for such people and also does not require the PERM process and therefore the job listings. EB2 and EB3 are designed for labor gaps in the industry which isn’t the same as extraordinary talent such as yours, and requires the PERM process. EB3 in fact also allows completely unskilled workers to file for permanent residency. Like I explained in the parent comment, the congress put a system to evaluate labor gaps, which is flawed. Following the rules set up by the system isn’t fraud.
- pandaman 1y ago
  >you should’ve applied through EB1 Why? If you know as much as you claim about immigration you should know that any EB1 application will dwarf any EB2 application in amount of work and documentation needed. Also, having rare skillset is not enough to get EB1, as you also might know. You need to meet a set of requirements, none of if which has anything to do with rarity of the skillset.
  - darth_avocado 1y ago
    My comment was in response to your claim that EB system was created for people with rare skills, which it clearly isn’t. You were in a job that only 1000 people were able to do, you being one of them. And yet you suggested that EB1 would more laborious and not fit for you. > You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. Yet you went for EB2, which is designed for a different set of immigrants where the proof of exceptional ability is a lot more lax > You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. And you’re concerned about gaming the system? And you’re also claiming that EB system was designed to work for exactly the scenario that you fit?
    - pandaman 1y ago
      As I said, EB-1 does not require rare skills. PERM based EB-2 and 3, though, require that there are no US workers with such skills available so it's highly correlated with skill's rarity. So why and where would I say that the entire EB system is created for people with rare skills? >> You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. Yep, and I am none of this. >Yet you went for EB2, which is designed for a different set of immigrants where the proof of exceptional ability is a lot more lax Yep, because EB2 does not require any exceptional ability, just the lack of a US worker available, willing, and able to do the job and a master's degree.
      - bubblethink 1y ago
        The lack is established by a good faith recruitment process, not an exhaustive search. This is intentionally vague because it's a non-sensical requirement that is hard to prove one way or the other and was only added as a political compromise. The company is free to tailor the minimum requirements to its liking. Recall that this is a free capitalistic country. So you can establish that you can't fill the req. locally and hence are hiring a foreigner. The reason I'm pointing this out is because you have picked some type of textual or literal interpretation of things ("this is what EB is for"), and companies have lawyers who are good at following the text.
        pandaman 1y ago
        The company is free to tailor the minimum requirements to its liking however it must be able to persuade the government that the job cannot be done without these requirements and a foreigner meets them. If you could just require a Nobel Prize in Physics and 50 years of experience for your PM or JS-jockey job then we would not be seeing articles like this. So I don't see why would you be pointing it out. >and companies have lawyers who are good at following the text Apparently not very good lawyers at Apple: https://www.justice.gov/d9/2023-11/ier-apple_settlement_agreement_signed_2023-11-08_fully_executed.pdf https://www.justice.gov/d9/2023-11/ier-apple_settlement_agre... Or Meta: https://www.justice.gov/archives/opa/pr/justice-labor-departments-reach-settlements-facebook-resolving-claims-discrimination-against https://www.justice.gov/archives/opa/pr/justice-labor-depart... Just a couple of recent high-profile busts. The problem is not "good lawyers" but the fact that the only punishment for breaking the law is a pittance of a settlement.

darth_avocado 1y ago

EB system is pretty broad. If you really were in a position that only 1000 people in the world were able to do your job, you should’ve applied through EB1, which is designed for such people and also does not require the PERM process and therefore the job listings. EB2 and EB3 are designed for labor gaps in the industry which isn’t the same as extraordinary talent such as yours, and requires the PERM process. EB3 in fact also allows completely unskilled workers to file for permanent residency. Like I explained in the parent comment, the congress put a system to evaluate labor gaps, which is flawed. Following the rules set up by the system isn’t fraud.

pandaman 1y ago
>you should’ve applied through EB1 Why? If you know as much as you claim about immigration you should know that any EB1 application will dwarf any EB2 application in amount of work and documentation needed. Also, having rare skillset is not enough to get EB1, as you also might know. You need to meet a set of requirements, none of if which has anything to do with rarity of the skillset.
- darth_avocado 1y ago
  My comment was in response to your claim that EB system was created for people with rare skills, which it clearly isn’t. You were in a job that only 1000 people were able to do, you being one of them. And yet you suggested that EB1 would more laborious and not fit for you. > You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. Yet you went for EB2, which is designed for a different set of immigrants where the proof of exceptional ability is a lot more lax > You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. And you’re concerned about gaming the system? And you’re also claiming that EB system was designed to work for exactly the scenario that you fit?
  - pandaman 1y ago
    As I said, EB-1 does not require rare skills. PERM based EB-2 and 3, though, require that there are no US workers with such skills available so it's highly correlated with skill's rarity. So why and where would I say that the entire EB system is created for people with rare skills? >> You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. Yep, and I am none of this. >Yet you went for EB2, which is designed for a different set of immigrants where the proof of exceptional ability is a lot more lax Yep, because EB2 does not require any exceptional ability, just the lack of a US worker available, willing, and able to do the job and a master's degree.
    - bubblethink 1y ago
      The lack is established by a good faith recruitment process, not an exhaustive search. This is intentionally vague because it's a non-sensical requirement that is hard to prove one way or the other and was only added as a political compromise. The company is free to tailor the minimum requirements to its liking. Recall that this is a free capitalistic country. So you can establish that you can't fill the req. locally and hence are hiring a foreigner. The reason I'm pointing this out is because you have picked some type of textual or literal interpretation of things ("this is what EB is for"), and companies have lawyers who are good at following the text.
      - pandaman 1y ago
        The company is free to tailor the minimum requirements to its liking however it must be able to persuade the government that the job cannot be done without these requirements and a foreigner meets them. If you could just require a Nobel Prize in Physics and 50 years of experience for your PM or JS-jockey job then we would not be seeing articles like this. So I don't see why would you be pointing it out. >and companies have lawyers who are good at following the text Apparently not very good lawyers at Apple: https://www.justice.gov/d9/2023-11/ier-apple_settlement_agreement_signed_2023-11-08_fully_executed.pdf https://www.justice.gov/d9/2023-11/ier-apple_settlement_agre... Or Meta: https://www.justice.gov/archives/opa/pr/justice-labor-departments-reach-settlements-facebook-resolving-claims-discrimination-against https://www.justice.gov/archives/opa/pr/justice-labor-depart... Just a couple of recent high-profile busts. The problem is not "good lawyers" but the fact that the only punishment for breaking the law is a pittance of a settlement.