It's always puzzled me that layoffs don't result in a temporary bar from using the H1B system like it does for filing PERMs with the DoL.
I agree with you. The category list in H1B needs to be trimmed. So that companies have less wiggle room for things like this.
The layoffs were also worldwide. Not sure what the impact to US workers was. India was hit hard.
Honestly, I'd preferably make it so that stock movement is frozen for a time except for laid off employees
The EU is actually clamping down on it because of populist/far right parties. I know someone who runs a Thai restaurant and he cannot fly in a cook from Asia. He has to find someone from Europe.
It's not though. It's a DoS policy wrt of issuing non-immigrant visas.
>Yes, the government issues I-140s to H1-Bs
So? The government issues I-140s to non-H1Bs too. Not having any US visa and never having set foot in the US is "a path to Green Card" if H1B is one too.
>I think just Googling 'H1-B dual intent''
I was hoping you'd do that and find for yourself how wrong you are.
"Congress enacted INA § 214(b) in 1990, explicitly excluding H-1B visas (under INA § 101(a)(15)(H)(i)) from the presumption that nonimmigrant applicants are intending immigrants. Unlike most nonimmigrant categories requiring proof of no immigrant intent, H-1B omits any foreign residence requirement in its definition, enabling holders to pursue permanent residency without jeopardizing status" https://global.temple.edu/isss/faculty-staff-and-researchers...
"The Immigration Act of 1990 created the modern H-1B program as a "bridge" to green cards, allowing immediate work while navigating permanent residency processes that included labor tests. Senate Judiciary Committee reports emphasized streamlined H-1B procedures without recruitment delays to avoid productivity losses, with senators like Arlen Specter and Slade Gorton highlighting needs for quick access to skilled talent. This dual-intent design responded to prior issues, like the Schwartz case, where immigrant intent prosecutions prompted the 1990 carve-out" https://www.cato.org/blog/why-congress-rejected-h-1b-recruit...
Congress also added INA §214(h). In the 1990 Act, that new subsection said, in substance, that being the beneficiary of a preference petition under §204, or otherwise seeking permanent residence, does not count as evidence that the person intends to abandon a foreign residence for H(i)/L purposes. That is the clearest statutory confirmation of dual intent.
"Congress originally intended H-1B to permit temporary work status while also allowing pursuit of permanent residence. The House Judiciary Committee report reinforces that reading. It had a section titled “Dual Intent” and explained that this problem was especially burdensome for H and L beneficiaries, and that the bill treated the filing of an immigrant petition as not, by itself, proof that the person meant to abandon a foreign residence" (attached link is the legislative history) https://niwaplibrary.wcl.american.edu/wp-content/uploads/HR-...
"Congress added INA §214(h), providing that pursuit of permanent residence “shall not constitute evidence” of abandoning a foreign residence for H(i)/L nonimmigrants" https://www.justice.gov/sites/default/files/eoir/legacy/2009...
"H-1B is “coming temporarily,” while permanent residence is handled through the employment-based immigrant categories in §203(b) and adjustment under §245(a)" https://uscode.house.gov/view.xhtml?req=%28title%3A8+section...
>"H-1B is “coming temporarily,” while permanent residence is handled through the employment-based immigrant categories in §203(b) and adjustment under §245(a)"
Exactly! Do you even read what you pasted from the prompt?
Think of someone from a place that isn't nice enough, but well above the threshold of absolute shitshow with genocidal aftertaste that allows protection. Such people, by virtue of claiming to require asylum get temporary protection and right to residence and then clog the system by appealing everything ten times with the obviously foreseeable result of not being granted anything. The current idea that is supposed to solve everything is hosting the immigration ghettos offshore (surprise surprise) to not upset the local population until the positive decision is made.
Right populists are mostly riding the racist feeling and the idea that the actual legitimate asylum seekers are undesirable, because they are Muslim, because immigrants leech on the system and all that, plus the actually observable existence of ethnic (organized) crime.
All at the same time, the tech immigration is very easy as long as you get an offer. No quotas, no 100k shakedown, not even a degree requirement or a language test, just someone willing to fill the form and pay like 500 bucks in processing fees and pay you the above media salary. Family immigration isn't restricted either and partners of citizens and immigrants get right to work (because what else they would do here, lol).
But the actual non-fancy low-skilled low-paid immigrants are either EU citizens from less affluent side of the continent or the (former) asylum status holders (which is straight path to citizenship most of the time). Packages have to sorted, garbage trucks have to be driven and cheaply. But sure, anti-immigration attitudes we have.
So yeah, the only sure way to fly in a Thai cook is to marry her or give her husband a tech job.
Out of curiosity, isn't that the same case as what happened with the Biden immigration surges, at least Venezuela? And now the current administration is taking action?
Also, you can pay taxes without legally residing in the us it seems.
With green cards, the government is concerned about permanent residents being dependent on the state if a company ceases to exist or fails to pay salaries or lays people off.
This worry is largely not present for limited term work visas.