[NhanH]

I don't necessary disagree with you on this: if there is a will, there is a way. Regardless of how the immigration law is, even if you make it "No immigration at all", someone will find a way to get in.

But that's far and far away from "standard and normalized", which implies something is accessible to standard and more average people. The top .5 or 1% (as in aptitude and willpower) will always find ways to get things done, but do you want to get the next 9% too?

The Nobel winner, the Elon Musk won't ever have to care much about those laws, but the discussion has never been about them either.

[foldr]

> if there is a will, there is a way

I'm not so sure about this. I'm a British citizen who's been living in the US for most of the past 7 years (as a student or doing academic jobs), but I can't see any easy way for me to get a job in the tech industry in the US. Perhaps a big company might be willing to sponsor me for an H1B. Apart from that there is just no realistic option that I'm aware of. What other visa could I realistically apply for?

[NhanH]

I'm working for a startup that's willing to sponsor me for H1B, EB-1 and even O1 (I'm employee #1, so if we're doing any good, we might try to wiggle an O1 somehow, although that's unlikely).

But yes, you'd need a cooperative employer to get a visa of any sort. Most of the big company in tech (ie Google, FB etc..) are all willing to sponsor for H1B, and a lot of startups are too. But as for the questions of "how to get a job there", that's out of my ability to answer.

One thing about immigration law is that just like tax law, it's too convoluted and specific that it almost depend on your exact situation. You might just qualify for some visas just because of the area you're working on (there is something for academic for H1b that's exempt from the cap). You will need to take a very close look at the law, preferably with an experience lawyer that have done this before, and see if anything that can apply to you by the wording of the law (see the O1? It's not just Nobel winner that can get it).

The whole process will takes something like 10-15 years though ... so don't be discouraged. I've been in the US for 4-5 years, and just like you, I can say that I've no idea if I will still be here in 3 years. And I wouldn't expect for things to "settle down" (immigration-wise) for me for another 10 years-ish either.

[LLWM]

You could seduce and marry an American.

[guyzero]

A university-educated electrical engineer doesn't want to be an illegal immigrant and the employers that need his skills won't hire illegal immigrants either.

So this is only really true for people willing to work illegally, like migrant farm workers. Presumably the US wants a wider mix of immigrants beyond that.