Posted by tlhunter 1 day ago
https://www.uscis.gov/sites/default/files/document/memos/PM-... [pdf]
https://twitter.com/DHSgov/status/2057817233200418837, https://xcancel.com/DHSgov/status/2057817233200418837
https://www.bbc.com/news/articles/cgrpz4l1klgo
https://www.washingtonpost.com/immigration/2026/05/22/new-ru..., https://archive.is/yi2cX
The current administration is sending a pretty clear message to immigrants.
How could this ever help to build stronger industries or trade relationships?
If somebody hands you a shit sandwich you don't need to pretend it tastes good.
If you read "the current US administration and their voter base" it sure feels like hate.
I used to visit the US a lot. I haven't been for a long time and as long as the current regime remains in place I'll spend my time and money in places where I can be sure not to be mistreated.
That's not because I fear I would be hated in the places I would actually visit, but because I have no interest in being at the mercy of US immigration. It doesn't matter that the risk isn't great - it is high enough and the potential consequences severe enough that it's put the US in the same category as high crime third world countries for me in terms of risk.
Already 20 years ago it was more stressful to go through immigration in the US, even as a white man from a rich country, than in dictatorships like China. As it stands now, I wouldn't hesitate to visit China, but I would hesitate to even transit the US.
It’s just facts but they’ve been boiling the frog and doing so many idiotic and horrific things at once that people have completely checked out.
This move, like everything the MAGA administration does, will only weaken the US.
Even better for other countries, anyone the US produces who isn't a raging idiot, also are more likely to want to immigrate from the US.
Well, we're continuing to find out. We haven't exactly scraped rocked bottom yet.
Skilled labor immigration is great for everyone involved, and bad only for the countries that suffer the brain drain.
But it's not zero-sum. The damage to those countries from losing talent is smaller than the benefits to the immigrant, their new country, and ultimately all of humanity.
That's a pretty big qualifier!
> The damage to those countries from losing talent is smaller than the benefits to the immigrant, their new country, and ultimately all of humanity
Isn't it the opposite? Creating wealth and technology in India helps a billion quite poor people. Creating wealth in the U.S. helps 300 million already rich people.
It's created by an entire ecosystem that allows a project like that to be conceived and executed in such a way that has benefited the entire world, including the poor in India.
It's a big qualifier, but like I said, it's not zero-sum.
No economist will argue that limiting skilled labor immigration (or any immigration, really!) is an optimal policy for improving the lives of the poor elsewhere. It just doesn't work that way.
The other line of argument is again the fault-tolerance I mentioned above, maybe see Taleb or distributed systems. Maximizing efficiency has trade-offs in resiliency. Yes it might be less efficient for there to be 3 ecosystems in 3 countries instead of 1, but its more resilient to shocks. We saw the risks of highly efficient but single point of failure supply chains materialize just a few years ago during the pandemic.
It's also pretty obvious that the tech companies being in the US benefits the US more than other countries. The big salaries are in the bay area, the tax revenue goes to the US, all the ex-Googlers founding new companies found them in the US etc.. So of course Google being founded in country X would benefit country X more than it being founded in the US.
Exactly. Obviously it’s better for China that BYD and Huawei were founded in China rather than the US. It’s better for Korea that Samsung and LG were founded there instead of the U.S.
It wouldn't have been able to do it without US companies, and it's not particularly a model that can be replicated that easily, though in general, economic policy that focus on exporting goods indeed tend to be the most successful.
Still doesn't mean the US should be preventing Chinese from immigrating here, so it's just utterly besides the point.
The United States was a British colony where demand for raw supplies led to an organic development of railroads, coupled with technological transfer from businessmen in the UK hoping to capitalize on this nascent market.
Textile manufacturing was still a thing and we were in the very early innings of the global Industrial Revolution. The two world wars that destroyed Europe were also immensely helpful to the insulated US.
Why are you asking me questions for which there are easily available answers? Honestly, you might as well have asked an LLM.
Stop looking for evidence that only confirms your biases and start trying to disprove your hypothesis. Only when there's nothing left to disprove can you claim your hypothesis _may_ be right, though you can't ever know for sure.
By the way, immigrant labor was a massive force behind US industrialization so you're just totally lost at this point. Industrialization has always depended on interaction with rich economies. From capital flows to technology transfer, export markets, immigration, empire, or trade networks. No major industrial power developed in total isolation.
Developing countries have structural reasons for why they are underdeveloped. This is a very complicated topic, and one for which there is no shortage of academic interest. I suggest starting from William Easterly's "The Elusive Quest for Growth".
I quote here from the book review MIT Press:
> What is necessary for growth is that government incentives induce investment in collective goods like education, health, and the rule of law
What's Easterly's qualifications? Has he ever successfully improved the economy of a developing country? I'd rather learn what LKY or Park Chung Hee or heck even Deng Xiaoping or Pinochet had to say.
If you want to know Easterly's qualifications, just read his Wikipedia page. https://en.wikipedia.org/wiki/William_Easterly
Being ignorant is a choice.
Pinochet is one of several autocratic rulers who put in place frameworks that resulted in economic miracles in their countries.
Especially in Asia and Latin America, I don’t think there’s a single country that tried democracy before economic development that didn’t end up a failure. I’d rather be a Chinese living under effective authoritarian capitalism than an Indian living under dysfunctional social democracy.
> If you want to know Easterly's qualifications, just read his Wikipedia page. https://en.wikipedia.org/wiki/William_Easterly
So he’s never done anything? He’s never built an economy or part of an economy?
> Being ignorant is a choice.
Indeed. And confusing credentials for knowledge is a choice too.
Name one of these innovations preferably made during the first 100 years of the revolution, which we can take to have started in 1712 with the first deployment of a practical steam engine built by Thomas Newcomen and John Calley at a coal mine. Certainly it had started by then.
100 years after 1712, all of the decisionmakers in Europe were rapidly waking up to the fact that the industrial revolution was a big deal because steam-driven textile mills, ironworks, and canals were changing Britain’s economy.
By 1812, many hundreds had already contributed some kind of innovation toward that outcome: an improvement in a machine or a process, a scientific or economic or sociological insight useful in industry or a new law or business practice.
Name one of those many hundreds that did not have two parents and four grandparents and eight great-grandparents of British ancestry.
I could probably find other French engineers fleeing the revolution, if need be.
But even if we suppose there are a few more (as you suggest), the involvement of a few white immigrants is not a good argument for non-white immigration.
If the goal is to argue for non-white immigration, the smart tactic would have been to leave the industrial revolution in the UK completely out of the argument so as to avoid creating an opening for someone like me to point out that the critical first 100 years of that revolution was led and innovated by more than 99% Brits with the rest being white immigrants.
A big argument for letting people emigrate is that they owe no real debt to the county where they are born, or the city, or anything like that. They aren't selfs owned by a nobleman. If moving increases their personal lot, why should we stop them?
An Indian’s greatest accomplishment in life is leaving India.
There need to be thorough weekly video walkthroughs of all of the detention centers. Otherwise you can expect actual starvation at some point.
Just dropping this here: https://x.com/DHSgov/status/1970251208322621530
I personally think this is the big secondary benefit that the administration is going for.
If the person adjusts status in usa, there are more possibilities for appeal etc.
> A refused green card application might be the end of being ever in usa.
Do you have evidence for your other claim? The main thing you need to prove for a non immigrant visa or VWP is that you won't overstay or have intent to immigrate at the time of application and upon entry. Otherwise it's up to the consular officer like usual. You would need to declare the refusal/denial of course.
What will get you denied is "inadmissibility" if you don't submit a waiver. If you're inadmissible that usually means some serious violation and you've got other problems.
As far as I know, people have been successful in re-applying for EB green cards after being rejected when they've assembled a better packet.
People are deemed to have immigration intent for small things like they don’t have enough ties to their country of residence. An application for immigration is definite proof you had intent to immigrate. You can wait like ten years, but time doesn’t work in your favor (immigration gets harder every year, people get older and handcuffed elsewhere…).
The US government should not give permission to anyone at all to set foot on US soil, unless the mass of existing citizens of the US are comfortable with that person eventually voting as a citizen on what the composition of the government should actually be. And as a US citizen, I am not comfortable with letting the vast majority of people in the world - many of whom are scrambling for any legal opportunity at all that will let them legally reside in the US - vote for the government that passes laws that affect me.
Why? Aren't L1 and H1B "dual intent" visas?
Nothing new there, but under the new rules the former is no longer an option and you'd need to leave immediately. On the plus side consular processing tends to be cheaper and often faster (AOS and all the approvals vs the consular processing fee and a plane ticket).
All this FUD in this entire post is disheartening.
Gemini gets this correct: “The H-1B visa is a nonimmigrant classification that allows U.S. employers to temporarily employ foreign nationals in ‘specialty occupations’ that require highly specialized knowledge and at least a bachelor's degree.”
You are correct about this.
> H1B is also non-immigrant visa, but it is dual intent visa meaning it doesn't have that requirement
You're incorrect about this. The concept of "dual intent" doesn't exist in the Immigration and Naturalization Act. It was created by executive fiat. H1Bs, like other non-immigrant visas, still requires non-immigrant intent. It's different only that it has two carve-outs:
Subsection (b) excludes H1Bs from the "presumption" of immigrant intent that applies to other categories of aliens. Subsection (h) provides that applying for permanent residency "shall not constitute evidence of an intention to abandon a foreign residence" for H1Bs.
So H1Bs must still have non-immigrant intent. It's just that they are carved out of certain presumptions that would automatically establish immigrant intent, which would lead to denial of their visa. It gives the executive flexibility to essentially look the other way when an H1B applies for a green card. But it doesn't confer any legal rights* onto the H1B. The administration can at any time decide that you actually have immigrant intent and yank your visa.
I can only assume that's accidental. You're the 17th most active person on HN, so I'm certain you've seen an overwhelming amount of evidence of how skilled immigrants are immensely beneficial to the US economy.
The H-1B is not the only path to a green card. There are many ways, every case is different, and pretty much all of the paths suck, even if you do everything right.
This decision only makes all of those paths worse.
That's irrelevant. "Justice" means following the rules. Congress gets to decide the immigration laws. Congress has never created a real system for skilled permanent immigrants. The term "H1B" actually comes from 8 USC 101(a)(15)(H)(i)(B).
Subsection (a)(15) literally defines the term "immigrant" to exclude people in the subsequent subsections, including (H)(i)(b). Subsection (a)(15)(H)(i)(b) then reiterates that the category is for someone "who is coming temporarily to the United States to perform services." Congress didn't hide the ball.
It's just an example of how the immigration laws have been a bait-and-switch for decades: https://www.nytimes.com/2024/10/29/podcasts/the-daily/electi...
People who have done everything by "following the rules" are now seeing the US backpedal on what was promised to them via an administrative memo published by USCIS at the behest of the president—not through new legislation enacted by Congress.
I don't know where you're getting your information from, but it's factually incorrect.
And as someone else said, "justice" does not mean following the law. That's the definition of "legal".
It's important to anchor these topics at a certain level of understanding of Law and Economics to discuss optimal policy, otherwise we'll just talk past each other with uninformed political views.
Read 8 USC 1101, specifically subsections (a)(15) & (a)(15)(H)(i)(B). The statute classifies H1Bs among the "nonimmigrant aliens," and states that the category is for someone "who is coming temporarily to the United States to perform services." Does that sound to you like it was mean to be a pathway to permanent residency?
There was never a "promise" in the law. Instead, there were a set of USCIS practices and procedures that amounted to nothing more than writing down what USCIS was currently doing. But USCIS never had authority to turn what Congress created as a temporary worker program into a permanent path to citizenship.
I'm sympathetic to people who put their eggs in the H1B basket. As an immigrant, how are you supposed to understand constitutional law and limits on executive power? But the fact is that the modern H1B regime was created almost entirely by executive fiat and it can be undone by executive fiat as well. (All the 1990 Act did was undo some presumptions but left the executive free to decide at any time that an H1B has immigrant intent, which is a basis for visa revocation.)
You should listen to this NYT podcast on America's immigration system and how its operation in practice is very different from what voters thought they were getting: https://www.nytimes.com/2024/10/29/podcasts/the-daily/electi...
> The four sources of federal and state law are (1) constitutions, (2) statutes and ordinances, (3) rules and regulations, and (4) case law.
https://guides.law.sc.edu/c.php?g=315539&p=10379907
With that in mind, do read CFR 8 § 245.1 Eligibility: https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/...
More broadly please read https://www.uscis.gov/policy-manual/volume-7-part-a
This amounts to much more than "writing down what USCIS was currently doing". This is a specific source of law. These regulations are legally binding as Congress has authorized the agency to issue them.
There's also plenty of case law from USCIS-related adjudicative reviews, meaning specific precedents set by judges who hear cases related to immigration.
After reflecting on your comment, I hope you're not trying to force an argument that any person who's requested an adjustment of status is somehow illegally present in the country, because that would be woefully incorrect.
I also don't appreciate the patronizing remark that I somehow fail to grasp the facts because I'm an immigrant.
I'm not sure why you think people who were born outside of the borders of the United States of America do not understand how liberal democracies work.
Do you actually think immigrants have no concept of constitutional law and limits on executive power? Do you think that knowledge is somehow protected by a magic seal that prevents me from ever obtaining it? Or do you think other countries do not have constitutions or a system of checks and balances? Do you know how many years I've spent studying nations in general and the US specifically? Do you know how many comparative studies I've written? Do you even know what my specific qualifications and degrees are? And I can do this in 5 different languages.
You're way out of your depth and your bias is showing.
What do you mean by this? The person you’re responding to is a lawyer (perhaps you are as well?). Why are you attempting to browbeat them?
Now I'm not sure if you are allowed to re-enter after your interview before your case is decided/you get the visa but I would imagine so (if have valid visa), you would just need to exit again to get the visa later.
I believe the issue with what you're describing is that if you're on a temporary visa, like a student visa, applying for a green card shows intent of immigration so you cannot return to the US on a student visa.
If you have an H-1B already you may be able to do what you're describing. If you're a recent grad in the US this basically locks you out of trying to get a green card until you've already secured an H-1B.
False
You don’t need a job to apply for green card.
Valid visa, yes. But that’s easy.
> don’t know how this will play out for employment based categories
I am only talking about employment based categories if you refer to my original comment. I’d be curious to know what visa categories allow you to file for an employment based greencard without a job?
In practice, though, almost all employers file EB GC petitions for only their current employees, not future ones.