This is insane. I cannot fathom how I, nor educated and talented people I know, could have possibly stayed in the US back in the day if this requirement had been in place then. Applying for a greencard while working on an H, J or O-class visa is extremely common. Far from a loophole, applying from inside the US is the only reasonable way to apply for a greencard. Depending on the country of origin, there may not even…
> Applying for a greencard while working on an H, J or O-class visa is extremely common. But it’s not supposed to be extremely common to apply for a green card on an H or J visa. Those visas are explicitly “nonimmigrant” visas for people “temporarily” in the U.S. who have “no intention of abandoning” their foreign residence. Read the statute: https://uscode.house.gov/view.xhtml?req=(title:8%20section:1... . It’s subs…
Your approach would be more correct in a civil law system, but there are no pure civil law systems anywhere in the world. In actual civil law countries, once there is an established interpretation of the law, it usually cannot be changed without legislative action.