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Comment by throwaway44111 | Hacker News Reader

H1-B is dual intent. After six years in the US as an H1B worker, you can become eligible to apply for a US Green Card, which will allow you to remain in the USA indefinitely. However due to the backlogs in priority dates for some categories, you could potentially be in H-1B status for 10-20 years while waiting for your priority date to become current. But you can keep renewing using AC21 provisions in the meantime.

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This is not true. An H1B employee can not apply to become a permanent resident ("green card") based on their H1B employment itself.

As far as I know, the only way to self petition for an extraordinary ability (EB1) based immigration, but that probably applies only to a small percentage of H1B workers. The rest are bound to their employer applying to grant the employees immigration benefits, which the employer may or may not do.

What? They absolutely can, and it can be employee supported - I know this because I actually started this. While in the insanely long backlog you can get your h1b extended beyond the six year limit as well.

I had got married by and had a green card through that before the backlog and what not would have got through on the h1b path, but if I hadn’t met my person I would have still ended up a permanent resident.

Yes this is correct.

They can if they fit the criteria for EB1A or EB2 NIW. I don't think most of H1B recipient fit the criteria for those visas.

H-1B holders can seek green cards through a variety of ways: green card lottery (for certain countries), family sponsorship (such as marriage green cards), and employment sponsorship (the EB-1, EB-2, EB-3, EB-4, and EB-5 categories.)

Within the EB's, most companies will sponsor H-1B holders for green cards in the EB-2 or EB-3 categories in a 3-step process: PERM, I-140, I-485.

If an H-1B holder wants to get a green card based on work/accomplishments as a self-petitioner, the two main pathways are:

Eb-1A for extraordinary ability, helpful for people subject to long India/China backlogs

Eb-2 NIW, easier than O-1A, takes 2-3 years if you're not subject to India/China backlogs.

I forgot about EB2 NIW (which again, I understand isn't open to all, due to the NIW requirement).

But unlike what the top level commenter wrote, the option for an H1B holder to become a permanent resident by their own action, rather then by their employer benevolence, is limited to very few (the green card lottery and the above mentioned narrow self-petition categories), and isn't a thing you can just do after a certain length of stay in the US.

That's true! But I've helped a LOT of people go from unqualified to qualified for Eb-1A or EB-2 NIW. Here is my class that teaches people how: https://alcorn-immigration-law.teachable.com/p/extraordinary...

This is not immigration policy, but a private service. Which, even if had a 100% success rate, would still count for very few out of the 140,000 yearly green cards.

Yes, we need systemic legal change. But at least in the short term there are at least some options for those who need them.

One doesn't need to wait 6 years with H1B to apply for green card. S/he needs to get his/her employer to agree on sponsoring the green card and the process can start whenever. My employer agreed to apply for green card in the second year of my H1B. I fortunately am not from one of those countries (China and India) with long wait for green card, so I got mine in a little less than 4 years (in fact, my case took a bit longer than usual, but COVID-related delay was a factor and the lawfirm, Fragomen, messing up a step in my application process was another factor in such a delay).

Yes, this is correct. Some employers are even willing to start the green card process before the H-1B is even selected in the lottery. But whether that's a good idea depends on the specifics of each employee's travel plans and current immigration status.

Yes, the H-1B is dual intent. Actually people can start the green card process sooner than 6 years. Yes, the H-1B is usually valid up to 6 years but there can be AC21 extensions if you reach certain milestones in the green card process. The wait times for people who have to go in the category of people born in India or China could potentially be many decades.

My (potentially wrong) understanding is that backlogs are often determined by country in order to prevent any particular foreign ethnic group (like China or India) from becoming residents in such quantities that assimilation to American culture is unlikely.

Pragmatically you can already see the effects of anti foreign ethnicity backlash in national politics, so it does seem like something that needs some level of management.

The backlogs do exist, they're based on the Immigration and Nationality Act of 1965, and they are for green cards specifically. In the employment-based immigrant visa categories, they specifically apply to people from India and China.

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