Hacker News new | ask | show | jobs
by Sreyanth 2754 days ago
Might be an unpopular opinion, but I think H1B should slowly move to something like an EB1, where candidates can file a self-petition (but without immigration intent, and apply for a regular GC after a few years if they really want to immigrate). They can set some criteria for testing 'high skills'.

This way, a candidate can choose a company based on their interest and skill set match, rather than filtering by whether a company sponsors a H1B.

Sure, even EB1 is being gamed, but at the very least this is a fair chance to candidates.

- Eliminating the not-so-random 'lottery'

- Avoiding the body shops or the so-called fake consulting companies where students go for their OPT

- Eliminate the need to succumb to the whims of employers just to get a visa sponsorship

- Companies, big or small, need not worry about not hiring skillful employees, just because 'it is a looong and random process'

- Not entirely based on higher salaries. Sure, a high salary is a pseudo metric to indicate high skill, but what about early stage startups? This eliminates that unfair advantage

1 comments

This already exists - the O-1 visa. EB1 is a green card type, you are confusing visas with residency permits here.
I don't think you can self-petition for an O-1 without job offer (at least that is what I remember). Just checked again, just to be sure [0].

I didn't suggest a new category in EBX, I said something similar for a visa where one can self-petition without a job offer, get the visa and work for whichever company she wants to work for, all without a need for an employer sponsorship. "self-petition without a job offer" being the key phrase.

[0] https://www.uscis.gov/working-united-states/temporary-worker...

Technically you need a registered company to "sponsor" you, but it can be your own company, where you are CEO and have 100% ownership. In the end, it's just a formality, the visa is granted on a personal basis. Compared to H1B where USCIS relies on a company to establish your credibility as a skilled worker, with O-1 they evaluate credibility themselves via multiple factors mostly involving peer validation (i.e. publications, articles, etc).

So yes, technically you need a job offer for O-1, but it's just a formality. Personally, I agree that it doesn't make much rational sense either, but then again barely anything makes sense when it comes to (US) immigration laws.