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by giobox 952 days ago
> there is a distinction that probably escapes most native citizens here: they are talking about EB2 visa, not H1B.

> Often, it requires an advance degree and higher qualification than H1B too, PhDs or experienced masters.

Perhaps I'm mistaken, but the PERM process applies when H1B holders seek to gain permanent residency too - at least that's been my experience. It also applies to the L1 etc:

https://www.lawfirm4immigrants.com/h-1b-green-card-transitio...

PERM certification is required to get a GC on an H1B (it's not needed to get an H1B, just required when the H1B holder seeks to get permanent residency).

There's another side to this story that the media reporting almost never mentions on this; many in the PERM process have lived in the USA for a long time and established families, children, communities etc. To deny them during PERM literally means in many cases to ship them and their American children "home" to a country they may not have seen for 20 years. In some cases the American kids won't even be able to speak the main language of their parent's birth country.

The solution as always is pretty simple - we need to divorce immigration status from employment - the processes should not be linked. This would at a stroke remove incentives for less scrupulous employers to abuse the system too.

1 comments

But then you would have issues with how to evaluate the immigrant. You may say degree, work history, other achievements, etc but those are already being used as qualifiers in the current system, in addition to the job requirements. So any attempts at decoupling immigration from employment would be seen as "open border" by many politicians and their bases, i.e. not going to be a reality ever.

If even a law trying to let US-educated PhDs getting an H1B easier (just to work, not GC) get blocked, you know how anti-immigration the current political climate is.