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Comment by User23 | Hacker News Reader

As a guest worker you are not supposed to put down deep roots here. If you want to immigrate you should follow the law and get an immigrant visa. This isn't hard at all. It's just like being a guest anywhere else, you have to follow the host's rules even if you don't like them.

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Many people who are in the guest visa apply for and are approved for permanent residency (which is what, I think, you meant by “immigrant visa”). They are simply waiting for years - decades even - for their turn. Life happens while they wait - marriage, kids, house etc - as mentioned by GP.

The term immigrant visa is well defined[1]. If you want to bring your wife and have kids and buy a house you should get an E series visa[2], not an H one. If you choose to go with the H-1B anyhow you are taking your chances and like any chance sometime it doesn't go your way and you have to deal with the consequences.

[1] https://en.wikipedia.org/wiki/Visa_policy_of_the_United_Stat...

[2] https://travel.state.gov/content/travel/en/us-visas/immigrat...

One need not have visited the US, or even _be eligible_ to visit the US to own property in the US.

What immigrant visa, exactly? H1b is the pathway to immigrant visa for tech workers in the US. For H1b holders born in certain countries, they have to be on H1b visa to be on the 5-10 year long queue to get the green card.

The appropriate E visa[1].

[1] https://travel.state.gov/content/travel/en/us-visas/immigrat...

That's the exactly same thing I said: you need to be on H1b (or other non-immigrant visa but allows dual-intention, for example L1) and wait for maybe years or decades (based on your birth country) to get that.

Here's the current queue size: https://travel.state.gov/content/travel/en/legal/visa-law0/v.... For immigrants born in mainland China, E2's current queue is 4.5 years, for immigrants born in India E2's current queue is 11 years.

There is no mention of H-1B at all on the State Department page I linked you. Where are you getting this from? Sure some H-1B holders manage to later acquire an E visa, but nowhere is it stated to be a prerequisite. Exceptional individuals don't even need a US sponsor to apply.

Sure H1b is not a prerequisite technically. But say you are the employer, you want to sponsor this Indian person's E2 visa, but you need to wait for 11 years before they actually get the visa you sponsored and start to work for you. Now tell me how is H1b not a prerequisite in reality?

If it takes that long it's because the category you're in is heavily over-subscribed and at a relatively low skill level. Using H-1B to do an end run around that is common, but to call it a prerequisite is dishonest. Our immigration system has limits because we believe it is in our citizen's interest. This means not every foreign worker that wants to immigrate is going to get to. US law gives preference to exceptional individuals, because our law is for the benefit of our citizens and corporations, not foreign nationals.

For E1 the queues for China and India born immigrants are still 2+ years long.

Immigrant visa? What is that? I think the conversation is focused on the US. I'm a native-born US citizen, but my impression is that for those who get an H1B, they can apply for a green card and eventually citizenship. However, the path for many is fairly long. Perhaps you are confusing the H1-b and the J-1?

You can read about the difference here[1]. H-1B is a temporary visa and does not entitle a holder to permanent residency. In some cases it's possible for a H-1B holder to be granted permanent residency because it's a dual intent visa, but that merely permits the holder to desire to immigrate. By contrast a tourist visa would be denied to a visitor who expressed the desire to stay permanently.

[1] https://www.cbp.gov/travel/international-visitors/visa-waive...

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