Hacker News new | ask | show | jobs
by Gabriel54 270 days ago
Where are you getting this information from? EB-1/2/3 are clearly visas issued to people [0]. It is true that many people may adjust status to EB-1/2/3 while already in the US in another status, but they are certainly visas still available to people. As I understand, due to the quota system it can be very difficult for folks born in certain countries to receive them (due to quotas) and they end up waiting for many years.

[0] https://en.wikipedia.org/wiki/EB-1_visa
2 comments
harshalizee 269 days ago
I know this sounds crazy, but Wikipedia is completely wrong calling it a visa. It's a "visa classification", you still need an underlying visa to enter into the country. Most O-1 Visa holders and some H1Bs get classified under EB-1, individuals with advanced degrees, experience get classified under EB-2 but hold H1-B / L1 visas, etc. You can be under H1-B and not have a classification (no PERM).

If you don't believe me try to find an image of an actual EB-1/2/3 visa, I'll wait.

Source : Former F-1/H1B visa holder classified under EB-2, with over a decade of experience dealing with USCIS paperwork.

link
Gabriel54 269 days ago
I am looking here [0] and I see that almost 20,000 O visas were issued at foreign posts in 2024, and it looks like several thousand E visas in the first priority category were issued. I agree with you that for most people, currently, the way it works is that they get an H1-B and then wait for their turn to apply for EB-1 (if they are from a country subject to quotas), but it is incorrect to say that consulates do not issues O or EB-1 visas. Why this is the case I have no idea, perhaps it is easier for companies to file for H1-B?

[0] https://travel.state.gov/content/travel/en/legal/visa-law0/v...

link
harshalizee 269 days ago
E-1/2/3 visas are treaty investor visas. These are pay to play visas.

We're talking about EB-1/2/3 which are not visas.

O-1 is a real visa, but also really expensive and limited to niche conditions, also not what we're talking about here.

link
Gabriel54 268 days ago
On the link above, there is a link to "Table VI (Part II) Preference Visas Issued Fiscal Year 2024". It is broken down by the consulate/embassy issuing the visa. The grand totals have about 5000, 10000, 16000 EB-1/2/3 visas issued globally, respectively. What am I misunderstanding?
link
h1bvisaholder81 270 days ago
EB-1/2/3 are employment based green card categories. And being employment based means that the applicants need to be employed in the US before being able to even apply. In most cases, the applicants are holding the H1-B visa while their EB-1/2/3 green card applications are ongoing.
link
Gabriel54 268 days ago
From the EB-1 page on USCIS [0], under "Extraordinary Ability" category:

> You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

> You must meet at least 3 of the 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing that you will be continuing to work in the area of your expertise. No offer of employment or labor certification is required.

There is also a category for professors and researchers. In this category one must have an offer of employment. No labor certification is required.

[0] https://www.uscis.gov/working-in-the-united-states/permanent...

link