Comment by earthdeity
3 hours ago
Defiance of the rules? What rules exactly? The law does make clear that H1-Bs are temporary workers. But it's also permitted to renew, and workers are allowed to pursue immigrant status. In fact, until 1990 there was specific language saying that H1-B's (like all visitor visas) are not supposed to want to stay, they must maintain a foreign residence "which he has no intention of abandoning". This language was struck and the visas became, and still are, the most common defacto "seeking green card" status for workers seeking to move the US.
To be clear, while a person who enters the US on an H1-B is a temporary worker, they are not prohibited from also seeking a permanent status. So it's fully within the rules, which is why it becomes a question of norms. In the present, the H1-B is (was?) the most popular route to permanent immigration to the US besides family sponsorship.
I specifically said that the government (and the citizenry by extension) can decide who it wants to enter and stay, how much immigration, whatever. But changing the rules suddenly, upending peoples lives who have not broken any rules, through a pathway the US state itself freely established, is immoral and short sighted.
It should go without saying that there are experts across many fields in industry that any country would benefit from attracting. The US is harming its capacity to attract and keep that talent with these ridiculous theatrics.
> This language was struck and the visas became, and still are, the most common defacto "seeking green card" status for workers seeking to move the US.
Incorrect. H1B still requires non-immigrant intent. The only thing that was struck was requiring the government to presume non-immigrant intent automatically upon some filing for permanent residency. That was not intended to change the system into a de facto permanent residency pipeline.