Green card seekers must leave U.S. to apply, Trump administration says • Hacker News Board

Re: Green card seekers must leave U.S. to apply, Trump administration says

#111

Post by rayiner » Sat, May 23, 2026, 5:24 AM UTC

airstrike wrote: post #95

rayiner wrote: post #80

The U.S. doesn’t have a real statutory pathway to permanent residency for skilled immigrants. The current H1B to Green Card pipeline is built on a legal fiction papered over a visa program that was the word “non-immigrant intent” written all over the statute. Gemini gets this correct: “The H-1B visa is a nonimmigrant classification that allows U.S. employers to temporarily employ foreign nationals in ‘specialty occup…

You're not actually wrong, but your phrasing makes it sound like that somehow excuses this travesty of justice. I can only assume that's accidental. You're the 17th most active person on HN, so I'm certain you've seen an overwhelming amount of evidence of how skilled immigrants are immensely beneficial to the US economy. The H-1B is not the only path to a green card. There are many ways, every case is different, and…

> evidence of how skilled immigrants are immensely beneficial to the US economy.

That's irrelevant. "Justice" means following the rules. Congress gets to decide the immigration laws. Congress has never created a real system for skilled permanent immigrants. The term "H1B" actually comes from 8 USC 101(a)(15)(H)(i)(B).

Subsection (a)(15) literally defines the term "immigrant" to exclude people in the subsequent subsections, including (H)(i)(b). Subsection (a)(15)(H)(i)(b) then reiterates that the category is for someone "who is coming temporarily to the United States to perform services." Congress didn't hide the ball.

It's just an example of how the immigration laws have been a bait-and-switch for decades: https://www.nytimes.com/2024/10/29/podcasts/the-daily/electi...

Re: Green card seekers must leave U.S. to apply, Trump administration says

#112

Post by digitaltrees » Sat, May 23, 2026, 5:26 AM UTC

It’s amazing to see someone do literally all of the opposite things to create a successful business, country, economy and world.

Re: Green card seekers must leave U.S. to apply, Trump administration says

#113

Post by cheinic6493 » Sat, May 23, 2026, 5:28 AM UTC

darth_avocado wrote: post #94

I don’t know how this will play out for employment based categories. You need to be have a job and be on a valid visa to even apply for a green card. How do you then go outside the country, apply for a green card, all the while maintaining your job and a visa while you wait for the application to be processed? As far as I know not being in the US for extended periods of time, voids your work visa in the first place.

> You need to be have a job and be on a valid visa to even apply for a green card.

False

You don’t need a job to apply for green card.

Valid visa, yes. But that’s easy.

Re: Green card seekers must leave U.S. to apply, Trump administration says

#114

Post by cheinic6493 » Sat, May 23, 2026, 5:28 AM UTC

rayiner wrote: post #84

zaptheimpaler wrote: post #81

This is probably for the best in the long term. They've added enough friction, insanity and disdain for foreigners that no sane person will immigrate and we can start to build stronger industries and trade relationships outside the US.

Isn’t it better for the smart people in India to stay there and make India richer, instead of coming to the U.S. to make billionaires here richer? These countries absolutely suffer from the brain drain.

> Isn’t it better for the smart people in India to stay there and make India richer, instead of coming to the U.S. to make billionaires here richer?

An Indian’s greatest accomplishment in life is leaving India.

Re: Green card seekers must leave U.S. to apply, Trump administration says

#115

Post by cheinic6493 » Sat, May 23, 2026, 5:29 AM UTC

chopete3 wrote: post #96

From the USCIS policy directive. >> admitted into the United States as nonimmigrants to depart rather than pursue adjustment of status. Such aliens are generally expected to pursue an immigrant visa and admission from outside the United States if they wish to reside permanently in this country. H1-B was already a dual intent visa. Are they trying to create a new visa category? Whatever they are trying to get to this…

> Whatever they are trying to get to this is a big concern for all H1B employees.

Thankfully H1B is a small visa category.

Re: Green card seekers must leave U.S. to apply, Trump administration says

#116

Post by [deleted] » Sat, May 23, 2026, 5:31 AM UTC

airstrike wrote: post #100

busterarm wrote: post #91

This is such an insanely unpopular move even among some of trump’s supporters. I really think this will be this version of the republican party’s suicide note.

It's an insanely stupid move, but from what I'm seeing on Twitter, it's somehow not that unpopular among the less bright.

[deleted]

Re: Green card seekers must leave U.S. to apply, Trump administration says

#117

Post by refurb » Sat, May 23, 2026, 5:31 AM UTC

jesseendahl wrote: post #93

SV_BubbleTime wrote: post #79

I was under the impression that this is roughly how it works (assume equivalency) in most European countries is it not?

No, it is not. And if you fall in love and want to get married to someone on a student visa, your fiancée should not need to leave the country for a year or two to wait for paperwork to process. Which is one of the real world impacts of this change.

Why wouldn’t your spouse just stay on the student visa? From what I gather it’s purely the processing that is overseas.

Stay on whatever visa you’re on -> apply for consular processing -> travel for interview -> enter on green card

Re: Green card seekers must leave U.S. to apply, Trump administration says

#118

Post by kettlecorn » Sat, May 23, 2026, 5:31 AM UTC

buzer wrote: post #107

darth_avocado wrote: post #94

I don’t know how this will play out for employment based categories. You need to be have a job and be on a valid visa to even apply for a green card. How do you then go outside the country, apply for a green card, all the while maintaining your job and a visa while you wait for the application to be processed? As far as I know not being in the US for extended periods of time, voids your work visa in the first place.

IANAL. My understanding is that you can do consular processing even if you are in the US, it's just that you need to leave to do the interview (and things like biometrics) and get the actual visa. Now I'm not sure if you are allowed to re-enter after your interview before your case is decided/you get the visa but I would imagine so (if have valid visa), you would just need to exit again to get the visa later.

Also not a lawyer.

I believe the issue with what you're describing is that if you're on a temporary visa, like a student visa, applying for a green card shows intent of immigration so you cannot return to the US on a student visa.

If you have an H-1B already you may be able to do what you're describing. If you're a recent grad in the US this basically locks you out of trying to get a green card until you've already secured an H-1B.

Re: Green card seekers must leave U.S. to apply, Trump administration says

#119

Post by booleandilemma » Sat, May 23, 2026, 5:32 AM UTC

[flagged]

Re: Green card seekers must leave U.S. to apply, Trump administration says

#120

Post by cheinic6493 » Sat, May 23, 2026, 5:32 AM UTC

airstrike wrote: post #100

busterarm wrote: post #91

This is such an insanely unpopular move even among some of trump’s supporters. I really think this will be this version of the republican party’s suicide note.

It's an insanely stupid move, but from what I'm seeing on Twitter, it's somehow not that unpopular among the less bright.

[flagged]