[nsonha]

not just de facto standard and not just in the US, it's a logical way to intepret the laws, in many western countries. The laws should streamline and welcome people who have already established connection and contributed to the success of America. It makes no sense for people to have to leave the country to apply for permanent resident, and be treated like all those to-be immigrants who have never lived in America.

[rayiner]

> The laws should streamline and welcome people who have already established connection and contributed to the success of America

The law should do what it was designed to do. The H1 system reflects a compromise between people who wanted skilled workers and those who didn’t want foreigners becoming permanent residents. So the compromise was a temporary worker program where most people would go home afterwards.

The law should be interpreted to give effect to that compromise. Your approach of streamlining immigration wipes away that compromise.

[nsonha]

they still need to file for permanent residency and you can still reject them.

If the laws need to "wipe away that compromise", better just disqualify them from filing in the first place.

It makes no sense to deport some of the people that you're going to give permanent residency to, while you're giving permanent residency to them.