Hacker News Reader

Comment by maratd | Hacker News Reader

The title on the article is wrong. H1B workers aren't immigrants and using that word in this context is wrong.

H1B is a visa. They are visitors.

That being said, visitors should be able to work and so should their relations if they are allowed to visit as well. One shouldn't need the blessings of the federal government to earn a living.

View on HN

H1B is classified as a dual-intent visa; as such it explicitly acknowledges that people who obtain this visa may have be allowed to immigrate into the country subject to certain conditions.

http://www.americanlaw.com/dintent.html

I am aware, but dual intent means just that. Until they file for a green card, their intent isn't known and calling them immigrants is wrong. They are not immigrating. Although they may, if they choose to.

Many people seem to be confused and think the "intent" applies to the visa itself, not the applicant. I.e. it's issued with a dual intent for both non-immigrant status and immigrant status or something like that.

The rule that the article talks about is only valid for folks that have already filed for green cards(thus expressing intent to immigrate) and been on work visa for 6 years+. They would be immigrants if not for the extremely long wait list.

This "wait list" is created by the law. Congress has set the number of immigrant visas ("green cards") to be issued each year. Since there are more people than visas available - some people are not getting them and, thus, do not become immigrants. It's not some kind of bureaucratic snafu with the paperwork stuck in some desk somewhere - this is by law. So they would be immigrants only if the law was different somehow.

All that dual intent acknowledges is that people, who obtain such a visa may have an intention to immigrate and still be allowed to get such a visa. It does not grant any immigration benefits.

>It does not grant any immigration benefits.

Red herring. He made no such claim. Dual intent acknowledges that these people aren't just visitors, they may stay forever.

It does not. But we already had an argument where you've shown the absolute lack of knowledge of the US immigration.

Not necessarily. While waiting for green card processing to finish, for instance, people can be on an extended H-1B. Nor do these technicalities mean anything when I’m talking about treating people humanely.

Go “visit” New York or San Francisco for 2-3 years (the length of a visa) under the same constraints as visa holders and see how far your money goes.

At what point do they stop being considered visitors? I've been here 17 years, have paid my taxes on time, assimilated as best as I can and am patiently waiting in line.

Being in the USA for 17 years means the candidate not only kept his job and status throughout the Great Recession, he even entered during another recession. In both cases, there were plenty of Permanent Residents out of work.

H1b employees in this category with an approved i140 have already expressed an immigration intent. So, they're almost immigrants except on a waitlist.

H1B is dual intent and EAD is given only to those who have approved GC application. The need for EAD arises because of racist per country caps which apply only to India and China.

> The title on the article is wrong. H1B workers aren't immigrants and using that word in this context is wrong.

The title is exactly what the new policy means.

Reply on news.ycombinator.com