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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

#3
>“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 move from an O-1A to a EB-1 visa, which grants him permanent residency.

Question from non-USA-an here. I wonder if this will lead people to spam the patent office with low quality inventions hoping something will stick and help them secure a EB-1 visa.

Re: New U.S. immigration rules spur more visa approvals for STEM workers

#6

>“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.

Re: New U.S. immigration rules spur more visa approvals for STEM workers

#7

>“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…

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.

Re: New U.S. immigration rules spur more visa approvals for STEM workers

#8
There's no changes that affect the real bottleneck: the annual quota on green cards and the per-country limits of 7% or children aging out. Those all require Congressional action and that's just not going to happen in the current political environment [1].

Here's my take: you get a work visa for 3-5 years that's tied to your employer and allows you to freely leave and re-enter the US. Believe it or not, we still have visa holders that can't leave the US without having to re-apply for their visa.

On renewal that becomes a 3-5 year visa that isn't tied to your employer. You can freely change jobs.

At the end of that period, it just becomes a green card as long as you satisfy presence tests. Naturalization has continuous and physical presence tests. Just use those. Failing that it is simply renewed for another 3-5 years.

If you satisfy the extraordinary category or get a NIW you simply skip the first step of having an employer-tied visa.

This would free up USCIS to deal with actual visa fraud rather than all the pointless hoops they currently (are forced to) enforce.

[1]: https://spectrumnews1.com/oh/columbus/news/2023/12/21/congre...

Re: New U.S. immigration rules spur more visa approvals for STEM workers

#10
post #7

>“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…

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.

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