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New U.S. immigration rules spur more visa approvals for STEM workers
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Re: New U.S. immigration rules spur more visa approvals for STEM workers
#62>“You don’t have any accomplishments,” the lawyer told him. “You don’t have a patent, or even a product.” That scolding spurred Sanjay to make a list of what he needed to do to achieve his goal of staying permanently. He improved the technology his AI-based firm was developing, expanded its customer base, and filed for a U.S. patent, which was awarded earlier this year. In May those efforts paid off, allowing him to…
Not any more than other patent applicants. Currently all the layers in patent application process is incentivized to ignore quality. 1. Large companies pay a bonus for every patent applied and bigger one for approval. 2. Patent lawyers are paid for filed patents. 3. Patent office makes money on each patent. They view the review process as a cost center and optimize it for fast approval.
>1. Large companies pay a bonus for every patent applied and bigger one for approval.
When at lockheed we had what I referred to as the "Croatian Coalition" a bunch of Croatian engineers that were all over all the patents we were filing (RFID for weapons) -- they were all so proud of all their patents (as they should be) - but they were really aggressive on filing for not just the satisfaction (getting a patent must be a great feeling, I am not yet personally on any even though I have influenced several)
But they like the bonuses and internal recognition that came with them.
Also, spamming the patent office would be hard unless you have deep pockets/are a patent attorney or have Big Corp funding your efforts (and rewarding them)
I am sure there are cheap ways to file, but for the average person, not so much.
Re: New U.S. immigration rules spur more visa approvals for STEM workers
#63Watching friends work through the decades long journey of citizenship, going to prestigious undergrad institutions, getting PhDs, publishing in journals, teaching part-time while working full time in industry, all just to get the right to stay in the country they’ve lived since they were 18 is fucking depressing.
I doubt I’d qualify for EB-1 [1]. I’d have qualified for EB-2 at 28 when I attained five years of work experience [2][3]. If I didn’t have a BS I’d need ten years experience. If I had spent the usual five years flailing about in a PhD instead of dropping out early, I’d have delayed “work experience” another three years.
Now this hypothetical version of myself waits as short as two years (China-born) and as long as eleven years (India-born) to get an application considered. Meanwhile, they’re trying to maintain work authorization, either via the time-limited OPT or hopefully winning an H1-B which has its own highly competitive lottery. And when they finally get PR/citizenship, their (now quite old) parents have no hope of receiving PR/citizenship so they’ll probably be flying across oceans to care for them as they age.
All of this for the mistake of being born in the wrong part of the word.
Meanwhile, I’m some fuckup who happened to be born in the US who has never known struggle. It just all seems cosmically unfair.
[1] https://www.uscis.gov/working-in-the-united-states/permanent... [2] https://www.uscis.gov/working-in-the-united-states/permanent... [3] aswell23 is correct that I would qualify for EB-2 based on my BS degree. I had misread the EB-2 requirements. The text originally read: “I’m still two years shy of the 10 year minimum years of experience for EB-2 [2]. So that leaves EB-3.”
EDIT: clarify second paragraph with third-person pronouns.
EDIT2: clarify based on apwell23’s comment
EDIT3: further clarification based on apwell23’s second comment.
Re: New U.S. immigration rules spur more visa approvals for STEM workers
#64Watching friends work through the decades long journey of citizenship, going to prestigious undergrad institutions, getting PhDs, publishing in journals, teaching part-time while working full time in industry, all just to get the right to stay in the country they’ve lived since they were 18 is fucking depressing. I doubt I’d qualify for EB-1 [1]. I’d have qualified for EB-2 at 28 when I attained five years of work ex…
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Re: New U.S. immigration rules spur more visa approvals for STEM workers
#65Expect further downward pressure on US tech salaries.
People in tech have blinders are. We're already in tech, so we don't see the repercussions. Entry level jobs are almost non-existent, they're all going overseas and to indentured servants.
This is just a repeat of what started in the 90s (probably earlier). It's really a scheme for companies to get access to more talent to drive wages down.
Re: New U.S. immigration rules spur more visa approvals for STEM workers
#66Earlier quoted context omitted.
Not any more than other patent applicants. Currently all the layers in patent application process is incentivized to ignore quality. 1. Large companies pay a bonus for every patent applied and bigger one for approval. 2. Patent lawyers are paid for filed patents. 3. Patent office makes money on each patent. They view the review process as a cost center and optimize it for fast approval.
> Currently all the layers in patent application process is incentivized to ignore quality. Not just "incentivized to ignore quality", they aren't duty-bound to consider quality at all. The PTO evaluates applications for novelty, not quality. The three main relevant parts of the US Code are: 35 USC Sec. 101: is it patentable? (i.e., it must be a process, machine, process, or manufactured good. It can't be something l…
>>The PTO evaluates applications for novelty, not quality.
As it should be.
The USPTO is in no place to evaluate a patent's quality, unless youre a USPTO clerk whos first name starts with Albert and your last name ends in -Stein.
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But in seriousness, novelty is the important factor in a patent, not quality. As utility patents/improvement patents are a thing.
Re: New U.S. immigration rules spur more visa approvals for STEM workers
#67Earlier quoted context omitted.
Not any more than other patent applicants. Currently all the layers in patent application process is incentivized to ignore quality. 1. Large companies pay a bonus for every patent applied and bigger one for approval. 2. Patent lawyers are paid for filed patents. 3. Patent office makes money on each patent. They view the review process as a cost center and optimize it for fast approval.
How do you define "fast approval"?
yes
Re: New U.S. immigration rules spur more visa approvals for STEM workers
#68Earlier quoted context omitted.
They just created a giant loophole that will be easy to game. Patents are easy to get and someone will come up with a startup mill that will be nothing but a visa factory.
>> Patents are easy to get How many do you have? Patents are more difficult to obtain than HN gives credit and they cost a non-inconsequential amount of money too.
Eh, they aren't that difficult to get, especially if you have an attorney to help with the legalese. To your point, if you have a couple grand and an even mediocre idea, you can patent it. Technically, you can do it yourself but I suspect navigating the patent minefield is what makes it seem hard, not necessarily having a great new product.
Source: I've done it just to see what the system is like.
Re: New U.S. immigration rules spur more visa approvals for STEM workers
#69I'm a little surprised to see a number of anti-immigraiton comments on this thread, some of which you could describe as reactionary. The US is and always has been a country of immigrants. Your idea of who is and isn't an immigrant is simply a question of what time window you choose. In 1800, the US had a population of ~2 million. by 1900 it was ~50 million. You want to guess how itt got that way? Let's dispense of th…
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Re: New U.S. immigration rules spur more visa approvals for STEM workers
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