-11 karma · joined June 2, 2017
As broken as the process is, the DOJ and commenters here clutching their pearls in the direction of excluding would-be permanent residents, by (for example) making false claims about how H1B was never intended to provide option value, are doing a xenophobia.
The AC21 indefinite extensions were added because the per-country backlogs were not anticipated back when the program was created. But it has always, from the very beginning, built a path to permanent residence in via EB2, EB3 and the dual intent provision.
Edit: The person replying to me about the H1B not being dual intent from the beginning is wrong. I have receipts. The H1B was introduced in the Immigration Act of 1990.
https://www.congress.gov/bill/101st-congress/senate-bill/358...
> `(h) The fact that an alien is the beneficiary of an application for a preference status filed under section 204 or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i) or (L) of section 101(a)(15) or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had obtained a change of status under section 248 to a classification as such a nonimmigrant before the alien's most recent departure from the United States.'.
Edit to respond to the second reply: The H-1B is dual intent. I did not make any claims about a visa category that no longer exists. Besides, the argument about whether the H-1B is an update or a new category doesn't matter -- it is clear that Congress intended for the H-1B, as created (or updated if you will) in 1990, to be a path to permanent residence. The assertion that it was never intended that way is ahistorical.
Further edit: It sounds like rayiner's dad came in on an older H-1 which indeed didn't have the dual intent provision, not an H-1B which does. The details matter here!
Further, further edit:
> The only reason you need “dual intent” is because the law still requires H1-B holders to have non-immigrant intent.
I literally pointed to the provision of the 1990 Act which does not require non-immigrant intent for people in H and L statuses. This is what Congress intended.
Of course the H-1B isn't an immigrant visa. It is a dual intent visa, in that it preserves the option value of not having to become a green card holder (and thus pay US taxes worldwide if you decide to leave later, etc.) So someone on an H-1B can choose to become a permanent resident, but doesn't have to become one.
I'm sympathetic to the argument that people should have to decide within a few years either to leave or to stay permanently, but for that the green card backlogs need to be eliminated by statute.
You don't want to do that? Oh, I see.
edit to respond: Fine, then anyone willing to pay taxes in the US should get to work in the US.
Again, fuck the police state. People and communities matter, the state can burn to the ground for all I care.
Besides, the idea of trying to segregate workers like this is bogus anyway. Fuck the police state.
Arguably, making tools feel better to use is more important than raw performance. When you're doing a no-op build, the difference between 100 milliseconds and 500 is large, and the difference between 10ms and 100 is enormous.
You're the best judge of your time, but making a claim about Servo and then, in the last sentence of your post, broadening it to all of Rust, is a bit odd. Servo's not even in production, unlike plenty of other Rust code.
Richard Stallman was quite correct to call it GNU/Linux, as much as I dislike the guy.
For example, I think Stripe should be able to compete with Apple to be a payment provider on Apple's platform.
As I said, I would be a fine with a world where if Tim Cook doesn't want to play by the government's rules, he is jointly and severally liable for Apple's debts. There are real benefits that come with being a corporation. There need to be responbilities to society as well.
To answer questions posed by others since I'm apparently posting too fast:
The reasons governments should intervene are well-elaborated in the blog post under discussion.
Governments worldwide already have plenty of control over what terms corporations can sell their wares to people on. For example, in Europe you must offer at least two years of warranty.
Corporations are government-granted legal fictions, so a government is free to impose whatever constraints it wants on corporations. In return, corporations get plenty of benefits like the ability to declare bankruptcy and not have it hit the pocketbooks of its executives. I would be fine with a regime where if a corporation doesn't abide by the rules, its executives become personally liable for debts, for example.
Cultural relativism is brain poison. It is very important to define and fight for universal human rights, such as the right to date and marry someone regardless of gender.