https://www.uscis.gov/sites/default/files/document/memos/PM-... [pdf]
https://twitter.com/DHSgov/status/2057817233200418837, https://xcancel.com/DHSgov/status/2057817233200418837
https://www.bbc.com/news/articles/cgrpz4l1klgo
https://www.washingtonpost.com/immigration/2026/05/22/new-ru..., https://archive.is/yi2cX
https://www.bloomberg.com/news/articles/2026-05-22/trump-to-...
> The policy change could impact hundreds of thousands of people a year and potentially reduce legal immigration further amid a sweeping government crackdown, according to immigration-law experts. President Donald Trump’s administration has introduced a series of restrictions affecting everyone from asylum seekers to students and highly skilled workers.
> The new rules generally apply to any foreigner who came to the US on a temporary non-immigrant visa, including students, employees on H-1B or L visas and visitors. The US awards about 1 million green cards a year, though roughly half of those are for foreign relatives being sponsored by an American citizen. Those applications are generally already processed outside of the US.
(POSIWID [The Purpose of a System Is What It Does])
Let's saying you're dating somebody on a work visa, if you wanted to marry and sponsor their residency, would they now need to return to their home country to wait for the embassy?
The embassies reviewing applications put a LOT of weight on time spent in person, BUT they also require the US applicant to have domicile. So effectively, the only way to proceed is a long-distance marriage that could take years to process a visa for (remember: move abroad, and you could lose the domicile required to sponsor the green card).
So with our shrinking birthrates, our regularly documented & growing "will never marry" population, immigration effectively cut off, what does the future of this country even look like anymore?
As others have said, someone entering the US on a tourist or other nonimmigrant visa, then marrying a US citizen, is inherently committing fraud because the marriage demonstrates intent to stay. In the past, the US was nice about it and let people apply to adjust their status without leaving. This loophole is now closed.
Are you saying that in such cases, the US rules here are and should be that the married couple should live apart for years due to the bylaws of the USCIS?
I can assure you I am intimately familiar with the entire process.
>> It means you need to fly back to your home country for a few days for the interview and then you get your GC on the spot.
Not necessarily. That's the best and most optimistic scenario. I know of people who have waited weeks, even months. It depends on a lot of factors. And now there will be a lot more people booking interviews at every consulate so expect wait times to skyrocket.
I don't believe that's correct. H1-B is formally a temporary, nonimmigrant work visa/status which permits "dual-intent" (meaning a holder can be openly seeking permanent residence when applying for [or when on] such a visa without that dual intent being immigration fraud).
or is it effective all the way back at I-140 time where people would then need to spend years away from the US?
On visa forums this method is commonly discussed. By entering on an ESTA/B-2 with the intent to marry a US Citizen, they're committing immigration fraud, inherently. You would be denied entry at the border if you admitted to your plans.
The correct way to do this is to file a K-1 visa outside the United States, or marry outside then file a IR-1/CR-1.
It very specifically lays out common exceptions to this, including for legal immigrants on dual intent visas and those whose only pathway to permanent residency is via adjustment of status.
It also wildly misinterprets the news to claim that the K-1 visa has been effectively ended, even though the memo specifically excludes it.
https://www.uscis.gov/sites/default/files/document/memos/PM-...
> However, maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant a favorable exercise of discretion.
Which basically means that, applying AOS while being in dual-intent category is not favorable and you will have to prove extraordinary circumstance for a simple i-485 AOS on H1B. Lacking the extraordinary circumstance, your application may be denied.
What this basically means for millions of people on H1B (especially from countries like India is), they have to go for consular processing. And given the lack of appointments in India and delays they are facing - you could be stuck for months to years and no company is going to wait for you while you go through the process. So leaving would definitely disqualify them.
H1Bs should jump the queue why? You're arguing that the family of US Citizens should be considered behind temporary immigrant workers with no family ties to the United States, and you should be exempt from the requirements they face.
I am just pointing out this affects all employment visa types.for countries with long delays in counselor processing this effectively kills any chance of getting Green card because no employer will wait that long.
https://www.businessinsider.com/new-green-card-rule-wont-aff...
Department of Homeland Security is no longer processing Green Cards via AOS. That included UCSIS.
However the STATE DEPARTMENT is still processing it via Consular Processing.
The article makes it sounds like the US is no longer offering Green Cards which is false.
https://www.uscis.gov/sites/default/files/document/memos/PM-...
https://fam.state.gov/fam/09FAM/09FAM040213.html#M402_13_5_B
Seems extremely clear to me.
Footnote 20: However, maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant a favorable exercise of discretion
https://www.uscis.gov/sites/default/files/document/memos/PM-...
> While aliens who were inspected and admitted or paroled may request adjustment of status, as a general matter the discretionary approval of such a request is extraordinary given Congress’s intent that aliens should depart once the purpose for which they sought parole or nonimmigrant admission from DHS has been accomplished.
I read that it used to not be like this, that it used to be possible to renew the _visa_ itself from inside the US, but that got changed before my time. I can only imagine that the reason for that was that non-citizens inside the US are entitled to due process, but non-citizens outside the US are not. And denying a visa to somebody outside the US is therefore a lot easier than denying it to somebody inside the US, and essentially cannot be appealed.
When I applied for AOS form H1B to Green Card, I didn't have to leave the US. With this change, I would have had to. The only reason I can think for this change is that denials of AOS would now become unappealable. I hate this.
In general the law applies equally to everyone associated with the US in any respect so you get due process (in theory) regardless. Specific laws may apply to different classes of people though (see 'enemy combatants').
No, after 9/11 they passed a rule to always collect biometrics before issuing visas and validating them at border entry. The DoS facilities in the US did not have fingerprinting facilities but the consulates and embassies did, so they forced the change. Recently there was a pilot to allow it in the US itself.
F1 and h1 are non-immigrant visa.
American law only allows a person to reside in the country with one Visa type.
The green card is an immigrant visa - and the new visa is issued through an adjustment of status for those inside the USA (backlogged) or by consulates (nearly immediately).
So this is a good thing. It’s easy to get alarmed.
Why can't USCIS shard it based on country within the US in a similar fashion?
2025, the cap was about 26,323 per country because the total visa pool was larger.
Important details:
1. The cap applies to: * Employment-based green cards * Family preference green cards 2. The cap does NOT apply to: * Immediate relatives of U.S. citizens * spouses * parents * unmarried children under 21 Those categories are uncapped. 3. The cap is based on: * Country of birth (“chargeability”) * Not citizenship. 4. In practice, countries like: * India * China * Mexico * Philippines hit the cap constantly, causing very large backlogs.
Simple example:
If 500,000 Indians qualify for employment-based green cards, but only ~25k–30k can be allocated annually under the cap system, the remainder wait in line. That is why Indian EB-2 and EB-3 wait times can stretch into decades.
Demand better from your government.
(And this still raises the question of why the consulates supposedly don't have this issue.)
I wonder how this would work with a K-1 "Fiancé" Visa. Typically a K-1 holder can enter the country as long as they get married within 90 days, and then the family stays together while the I-485 is processed. Now what? Come to the USA, marry the US Citizen, and then you're banished back to your home country?
There's also the K-3 which lets the foreign spouse enter as a non-immigrant to keep the family together while the I-485 is processed. Are they getting rid of that entirely?
This is all totally bonkers, likely not well thought out, and pretty cruel to families, which is completely on-point for this Administration.
If that was true why even go through a whole process. To me it sounds like there is still an approval required meaning the person is not determined to be admissible yet.
One interesting note here is the case of DACA recipients. If they leave the country to adjust status it should triggers a re-entry ban unless they're granted parole (DACA are quasi-illegal but granted a form of amnesty as long as they remain in US). AFAIK parole isn't granted for US consular visits, so it's effectively banishment as punishment for trying to adjust their status to reflect their marriage.
The general logic has been that it’s really easy for people to say they want to marry a U.S. citizen, get approved to emigrate, and then change their mind after (the common term for this is visa fraud). So the government grants a series of visas for increasing lengths as you move through that process and prove that it is a bona-fide relationship.
A K1 visa is the last step before getting married, and stipulates that you get married within a short time after entering the country, after which you have to remain married for several years, prove you’re doing things normal married couples do (like live together), and then you can get your permanent residency.
So, in short, it’s not as clear cut as a one-time yes/no decision. You very much live within a prescribed framework for several years until the government is satisfied that your relationship is real.
(Source: personal experience)
Thats why they’re appointed a whole bunch of unqualified people at high positions. This is what happens in the mafia. Those people know that the only reason they’re there is because of the dear leader and not because of their competence, so purely out of self preservation, they will put loyalty to dear leader above every other principle.
Similarly gangs will get even low level people to commit completely unnecessary crimes. Because once you’ve committed a crime, they own you. You’re at their mercy, since you can’t run to the police anymore, without risking jail time yourself.
So you make a whole bunch of your residents criminals, so they’re unable to exercise their rights effectively without threat of being punished for a completely different reason that the government now holds against them.
They’ve started with immigrants because making them criminals is as easy as writing administrative memos, but the same incentives will lead them to start making criminals out of American citizens too. You can already see some of it with the way they’ve criminalized protest against Israel. The next step will be to redefine whatever acts they can as terrorism since Congress granted the executive tremendous power when it comes to terrorism. But they won’t stop there.
Or it has been, and cruelty is the point
K1 will obviously be an exception as substantial steps are generally taken at a home consulate.
An entire visa class is not “obviously an exception”, or it would be clear.
I think you can apply for an AOS to a different dual intent visa which could then allow you to apply for a green card if you meet the requirements for that visa.
Maybe something like if you get married while visiting, but even then I believe you need to apply for an adjustment of status to a marriage visa and then apply for a green card.
The IR-1/CR-1 that you describe is how a spouse would apply from outside the country.
FWIW K1s were never a great visa category. Doing an engagement party with a white dress and posting it on instagram could lead to a "go apply for CR1 instead" rejection.
All this FUD in this entire post is disheartening.
Nothing new there, but under the new rules the former is no longer an option and you'd need to leave immediately. On the plus side consular processing tends to be cheaper and often faster (AOS and all the approvals vs the consular processing fee and a plane ticket).
I did consular processing when I got my Green Card. It's the FINAL step fo the GC process. You don't need to be outside the US for all the other stages, in fact I think if you leave during some parts, it would be considered abandoning your application. It just means that while you're in the US, you need to schedule an appointment at the US embassy/consulate in your home country, and fly back. Then you go through the appointment and there on the spot you're approved or rejected. It's a big nerve wracking but unless you lied you will be fine. Then you fly back to the US.
For me CP was much much faster, on the order of months.
That’s a huge unsubstantiated claim.
Since USCIS is blocking Adjustment of Status, and the Department of State is blocking green card emission for citizens of 75 countries, this means that if you are from the following countries you are effectively banned from getting a Green Card:
Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.
[1] https://travel.state.gov/content/travel/en/News/visas-news/i...
I never considered illegal immigration, nor will I ever - I value predictable outcomes.
But looking at these new rules, I can't help but think that it really punishes people who want to play by the rules and sets the price for ones that don't to approximately $15k.
If the person adjusts status in usa, there are more possibilities for appeal etc.
Why? Aren't L1 and H1B "dual intent" visas?
> A refused green card application might be the end of being ever in usa.
Do you have evidence for your other claim? The main thing you need to prove for a non immigrant visa or VWP is that you won't overstay or have intent to immigrate at the time of application and upon entry. Otherwise it's up to the consular officer like usual. You would need to declare the refusal/denial of course.
What will get you denied is "inadmissibility" if you don't submit a waiver. If you're inadmissible that usually means some serious violation and you've got other problems.
As far as I know, people have been successful in re-applying for EB green cards after being rejected when they've assembled a better packet.
People are deemed to have immigration intent for small things like they don’t have enough ties to their country of residence. An application for immigration is definite proof you had intent to immigrate. You can wait like ten years, but time doesn’t work in your favor (immigration gets harder every year, people get older and handcuffed elsewhere…).
The US government should not give permission to anyone at all to set foot on US soil, unless the mass of existing citizens of the US are comfortable with that person eventually voting as a citizen on what the composition of the government should actually be. And as a US citizen, I am not comfortable with letting the vast majority of people in the world - many of whom are scrambling for any legal opportunity at all that will let them legally reside in the US - vote for the government that passes laws that affect me.
Is that right?
Wait times to process applications depend on your country of origin and visa type. If you are an H1B from India that was already decades approaching never. Same for Brazil and elsewhere.
And that was before Trump. All that was practically halted.
Stay on whatever visa you’re on -> apply for consular processing -> travel for interview -> enter on green card
So they likely have to wait out the green card process abroad unless they secure a dual-intent visa like an H-1B.
There's also 75 countries that the US has shut down consular processing for so those people may be locked out getting a green card entirely.
You could go the fiancé visa route and stay in status while waiting for the green card.
I think what this policy is trying to avoid is the blanket “you can stay while processing even if you’re not in the country legally”
Gemini gets this correct: “The H-1B visa is a nonimmigrant classification that allows U.S. employers to temporarily employ foreign nationals in ‘specialty occupations’ that require highly specialized knowledge and at least a bachelor's degree.”
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 pretty much all of the paths suck, even if you do everything right.
This decision only makes all of those paths worse.
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...
People who have done everything by "following the rules" are now seeing the US backpedal on what was promised to them via an administrative memo published by USCIS at the behest of the president—not through new legislation enacted by Congress.
I don't know where you're getting your information from, but it's factually incorrect.
And as someone else said, "justice" does not mean following the law. That's the definition of "legal".
It's important to anchor these topics at a certain level of understanding of Law and Economics to discuss optimal policy, otherwise we'll just talk past each other with uninformed political views.
Read 8 USC 1101, specifically subsections (a)(15) & (a)(15)(H)(i)(B). The statute classifies H1Bs among the "nonimmigrant aliens," and states that the category is for someone "who is coming temporarily to the United States to perform services." Does that sound to you like it was mean to be a pathway to permanent residency?
There was never a "promise" in the law. Instead, there were a set of USCIS practices and procedures that amounted to nothing more than writing down what USCIS was currently doing. But USCIS never had authority to turn what Congress created as a temporary worker program into a permanent path to citizenship.
I'm sympathetic to people who put their eggs in the H1B basket. As an immigrant, how are you supposed to understand constitutional law and limits on executive power? But the fact is that the modern H1B regime was created almost entirely by executive fiat and it can be undone by executive fiat as well. (All the 1990 Act did was undo some presumptions but left the executive free to decide at any time that an H1B has immigrant intent, which is a basis for visa revocation.)
You should listen to this NYT podcast on America's immigration system and how its operation in practice is very different from what voters thought they were getting: https://www.nytimes.com/2024/10/29/podcasts/the-daily/electi...
> The four sources of federal and state law are (1) constitutions, (2) statutes and ordinances, (3) rules and regulations, and (4) case law.
https://guides.law.sc.edu/c.php?g=315539&p=10379907
With that in mind, do read CFR 8 § 245.1 Eligibility: https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/...
More broadly please read https://www.uscis.gov/policy-manual/volume-7-part-a
This amounts to much more than "writing down what USCIS was currently doing". This is a specific source of law. These regulations are legally binding as Congress has authorized the agency to issue them.
There's also plenty of case law from USCIS-related adjudicative reviews, meaning specific precedents set by judges who hear cases related to immigration.
After reflecting on your comment, I hope you're not trying to force an argument that any person who's requested an adjustment of status is somehow illegally present in the country, because that would be woefully incorrect.
I also don't appreciate the patronizing remark that I somehow fail to grasp the facts because I'm an immigrant.
I'm not sure why you think people who were born outside of the borders of the United States of America do not understand how liberal democracies work.
Do you actually think immigrants have no concept of constitutional law and limits on executive power? Do you think that knowledge is somehow protected by a magic seal that prevents me from ever obtaining it? Or do you think other countries do not have constitutions or a system of checks and balances? Do you know how many years I've spent studying nations in general and the US specifically? Do you know how many comparative studies I've written? Do you even know what my specific qualifications and degrees are? And I can do this in 5 different languages.
You're way out of your depth and your bias is showing.
You are correct about this.
> H1B is also non-immigrant visa, but it is dual intent visa meaning it doesn't have that requirement
You're incorrect about this. The concept of "dual intent" doesn't exist in the Immigration and Naturalization Act. It was created by executive fiat. H1Bs, like other non-immigrant visas, still requires non-immigrant intent. It's different only that it has two carve-outs:
Subsection (b) excludes H1Bs from the "presumption" of immigrant intent that applies to other categories of aliens. Subsection (h) provides that applying for permanent residency "shall not constitute evidence of an intention to abandon a foreign residence" for H1Bs.
So H1Bs must still have non-immigrant intent. It's just that they are carved out of certain presumptions that would automatically establish immigrant intent, which would lead to denial of their visa. It gives the executive flexibility to essentially look the other way when an H1B applies for a green card. But it doesn't confer any legal rights* onto the H1B. The administration can at any time decide that you actually have immigrant intent and yank your visa.
How could this ever help to build stronger industries or trade relationships?
If somebody hands you a shit sandwich you don't need to pretend it tastes good.
It’s just facts but they’ve been boiling the frog and doing so many idiotic and horrific things at once that people have completely checked out.
Well, we're continuing to find out. We haven't exactly scraped rocked bottom yet.
This move, like everything the MAGA administration does, will only weaken the US.
Even better for other countries, anyone the US produces who isn't a raging idiot, also are more likely to want to immigrate from the US.
Skilled labor immigration is great for everyone involved, and bad only for the countries that suffer the brain drain.
But it's not zero-sum. The damage to those countries from losing talent is smaller than the benefits to the immigrant, their new country, and ultimately all of humanity.
That's a pretty big qualifier!
> The damage to those countries from losing talent is smaller than the benefits to the immigrant, their new country, and ultimately all of humanity
Isn't it the opposite? Creating wealth and technology in India helps a billion quite poor people. Creating wealth in the U.S. helps 300 million already rich people.
It's created by an entire ecosystem that allows a project like that to be conceived and executed in such a way that has benefited the entire world, including the poor in India.
It's a big qualifier, but like I said, it's not zero-sum.
No economist will argue that limiting skilled labor immigration (or any immigration, really!) is an optimal policy for improving the lives of the poor elsewhere. It just doesn't work that way.
Developing countries have structural reasons for why they are underdeveloped. This is a very complicated topic, and one for which there is no shortage of academic interest. I suggest starting from William Easterly's "The Elusive Quest for Growth".
I quote here from the book review MIT Press:
> What is necessary for growth is that government incentives induce investment in collective goods like education, health, and the rule of law
What's Easterly's qualifications? Has he ever successfully improved the economy of a developing country? I'd rather learn what LKY or Park Chung Hee or heck even Deng Xiaoping or Pinochet had to say.
If you want to know Easterly's qualifications, just read his Wikipedia page. https://en.wikipedia.org/wiki/William_Easterly
Being ignorant is a choice.
Pinochet is one of several autocratic rulers who put in place frameworks that resulted in economic miracles in their countries.
Especially in Asia and Latin America, I don’t think there’s a single country that tried democracy before economic development that didn’t end up a failure. I’d rather be a Chinese living under effective authoritarian capitalism than an Indian living under dysfunctional social democracy.
> If you want to know Easterly's qualifications, just read his Wikipedia page. https://en.wikipedia.org/wiki/William_Easterly
So he’s never done anything? He’s never built an economy or part of an economy?
> Being ignorant is a choice.
Indeed. And confusing credentials for knowledge is a choice too.
The other line of argument is again the fault-tolerance I mentioned above, maybe see Taleb or distributed systems. Maximizing efficiency has trade-offs in resiliency. Yes it might be less efficient for there to be 3 ecosystems in 3 countries instead of 1, but its more resilient to shocks. We saw the risks of highly efficient but single point of failure supply chains materialize just a few years ago during the pandemic.
It's also pretty obvious that the tech companies being in the US benefits the US more than other countries. The big salaries are in the bay area, the tax revenue goes to the US, all the ex-Googlers founding new companies found them in the US etc.. So of course Google being founded in country X would benefit country X more than it being founded in the US.
Exactly. Obviously it’s better for China that BYD and Huawei were founded in China rather than the US. It’s better for Korea that Samsung and LG were founded there instead of the U.S.
It wouldn't have been able to do it without US companies, and it's not particularly a model that can be replicated that easily, though in general, economic policy that focus on exporting goods indeed tend to be the most successful.
Still doesn't mean the US should be preventing Chinese from immigrating here, so it's just utterly besides the point.
Name one of these innovations preferably made during the first 100 years of the revolution, which we can take to have started in 1712 with the first deployment of a practical steam engine built by Thomas Newcomen and John Calley at a coal mine.
100 years after 1712, all of the decisionmakers in Europe were rapidly waking up to the fact that the industrial revolution was a big deal because steam-driven textile mills, ironworks, and canals were changing Britain’s economy.
By 1812, many hundreds had already contributed some kind of innovation toward that outcome: an improvement in a machine or a process, a scientific or economic or sociological insight useful in industry or a new law or business practice.
Name one of those many hundreds that did not have two parents and four grandparents and eight great-grandparents of British ancestry.
I could probably find other French engineers fleeing the revolution, if need be.
A big argument for letting people emigrate is that they owe no real debt to the county where they are born, or the city, or anything like that. They aren't selfs owned by a nobleman. If moving increases their personal lot, why should we stop them?
An Indian’s greatest accomplishment in life is leaving India.
The current administration is sending a pretty clear message to immigrants.
Nah. I’m an Indian-American (born in America, never visited India) working at a FANG company here in SF South Bay and I support this policy.
We need fewer immigrants in America for the next 10 years until we can sort out our domestic issues (education, healthcare, taxation, cost of living).
Once the immigrants are gone and birthright tourism / birthright citizenship to non-US citizen parents is also gone (hopefully next week), politicians can no longer blame immigrants for americas problems.
We could create special economic zones like china, allow 200 million immigrants into the country with a goal of a billion people to match the population of china and India. Make it a condition of citizenship that they help build ten homes or similar infrastructure. Immigrants could be the solution to all the problems you cite and they certainly aren’t the reason those problems exist.
politics aside, do you realistically believe that you can view twitter and actually mentally carve out the opinion of a group of people in real life?
that's exactly the issue with twitter.
for one : you're polling twitter users (a TINY subsect of humanity), two : you're extracting opinion from those that seek to broadcast it (an outlier) , and three: twitter never self-exposes the world to a user, it selectively curates and amplifies, and fourth : it's one of the most gamed communications arenas in existence.
you're viewing the world through an itty-bitty twitter-colored monocle and making sweeping accusations across large cohorts, it's not an accurate portrayal of actual human opinion.
If something seems irrational it’s usually a sign that you don’t understand the underlying logic. This behavior is totally logical if they aren’t worried about losing power.
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.
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.
False
You don’t need a job to apply for green card.
Valid visa, yes. But that’s easy.
> don’t know how this will play out for employment based categories
I am only talking about employment based categories if you refer to my original comment. I’d be curious to know what visa categories allow you to file for an employment based greencard without a job?
In practice, though, almost all employers file EB GC petitions for only their current employees, not future ones.
>> 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 is a big concern for all H1B employees.
Thankfully H1B is a small visa category.
If you have filed I485 and they fail to process it before your current visa expires (D/S ends like F1 OPT). Then what? You just have to leave, abandon AOS and re-apply for CR1?
It’s insane that the simplest immigrant pathway; spousal green card could take 12+ months and may now require temporarily moving and being separated. Guess I actually will be paying $4K for a lawyer (plus the 3-4K just to file the USCIS forms).
I wish they would just have a simple fast lane for the 100% legal, non-complicated case.
Even the current right wing party CDU doesn't seem to want to make migration harder, but when the extremist party AfD gets voted into office, an already highly damaged balance will break.
Sad how people become so detected from reality that they make their society irrelevant and destroying a lot of wealth in the process.
To me it feels like the US pretends they don’t need immigrants when:
1. The overwhelming majority of current US residents were immigrants themselves at some point in the last 150 years (only natives were there, everyone else immigrated from somewhere)
2. The US wouldn’t function without illegal immigrants
3. Every country is short of workers in one domain or another. Encouraging immigration in these domains (see how Canada does it for instance) would be the smart move. But instead… yeah let’s make it even harder across the board
2. The US not functioning without illegal immigrants is a bad thing. More often than not, employers like illegal immigrants because they can abuse them in some way or another. If you actually interact with illegal immigrants or the people that employ them, this is clear. “We need modern indentured servitude” is not the country I want to live in. I would rather these industries just be subsidized by the government to whatever extent it takes for US citizens to take the jobs with all of the protections we expect workers to have.
3. Not every country is short of workers. Employers may be short of workers that they can lord over, but refer back to point 2. Pointing to Canada’s policy as an example of a “smart move” is a strange play.
The current administration is certainly not working on the above premises, but I’m floored when I hear supposedly progressive people going on about who is going to work the psychologically scarring meatpacking plants if we don’t take on an undefined number of people who are only here to get shit on for a good paycheck. I have compassion for illegal immigrants, which is exactly why I don’t want them in the US.
My point was that with the sorely lacking rules already in place, illegal immigration is a problem and at the same time there is still a supply problem.
So acting even more high and mighty like it’s the greatest place on earth to be and require people who want in to grovel even more certainly isn’t good policy.
I’m also confused why you think Canada isn’t doing it better? You can immigrate but your profile needs to match what the country needs: its win win, because once you’re there you have a fair chance at a good life (integration, job, etc) vs taking anyone in and then having issues with people who can’t find jobs, be happy in the country, and integrate into society.
But the process around the US visa and immigration program is a lot more hostile than it needs to be. I had the displeasure to deal with this grinder and it’s really showing that the attitude is “you’re less than nothing, it’s up to you to prove you’re worthy of us even reading the forms you filled in and paid for, fuck you very much”
EU countries are working on imigration rules that would allow for bringing imigrant labour without ever extending citizen privileges to them. A sort of permanent uderclass. This is what voters want at this time.
Today's news make this crystal clear: the current admin does not want citizens marrying outside the country, regardless of how quickly the marriage rate among US population is falling.
Immigration policy in the current administration (which seems to be driven by Stephen Miller) is not based around legalaities, it's based around cutting immigration as much as possible because that's what satisfies Trump's voter base. These people do not care if you 'did it the right way'. They have an atavistic hatred of foreigners.
White immigrants are fine with this administration.
"All but 3 of 6,069 refugees taken in by Trump are White South Africans"
https://www.telegraph.co.uk/us/news/2026/05/22/trump-south-a...
The explicit purpose of this is to reduce legal immigration, and reduce the number of people becoming citizens.
There is no world in which the same racist, fascist administration doing this does anything remotely like what you describe.
I suppose little matters from the before days, but I've only been a permanent resident for 2 years so maybe this timeline helps: https://wiki.roshangeorge.dev/w/Green_Card_Application#Timel...
The cruelty is the point. They want the economic benefit of immigrants but also want them to live in uncertainty and without any easy path to settling down. Complete and utterly stupid.
Anyone is entitled an opinion, even when they're wrong.
But perhaps before posting, engage with intellectual curiosity and get informed.
Otherwise you're just posting a layman view that could easily be rebutted.
Change of status was never meant for those without status in the first place or for tourists.
I would love be to hear an immigration lawyer's perspective on this.
Here's the memo directly:
https://www.uscis.gov/sites/default/files/document/memos/PM-...
Come to the EU instead, we want more STEM people.
My Eastern European wife and I recently faced the decision of how to go about getting her a green card. At the time we lived outside the US.
One option was to enter the US on her B1 visa pretending to have no “immigration intent” and then “change our mind” a respectable number of days later and apply for AOS. The process for this was 1.5 to 2 years. I didn’t want to do it for that reason and because I wasn’t comfortable with what amounts to visa fraud, but our attorney presented it as a pretty standard option.
The other option was consular processing. This wasn’t automatic. Our attorney contacted a few consulates in the region where we lived to see if any would accept our case (due to war the consulate in her home country wasn’t handling routine cases). We got approved for consular processing in Budapest.
I had to go once as the US citizen spouse to submit our application packet and do a pro forma interview. Then a few months later it was my wife’s turn to go to the interview.
The process, like any immigration process, was paperwork heavy and nerve wracking. The final interview was very simple and felt like a formality.
In that case once approved she received a visa that would be stamped upon entry to the US and this would count as a temporary green card pending receipt of the physical card.
All of this happened during the second Trump administration so I was expecting a hostile or at least adversarial process. But it was quite the opposite. Total elapsed time was about six months from initial attorney consult to entry into the US as an LPR. It would have been faster if our attorney was more on the ball getting our final interview appointment.
If I were to find myself in need of a green card for a foreign spouse again I would opt for consular processing if given the choice. Now that it’s required I imagine there will be a longer backlog.
Obviously if you need to do this at one of the consulates that no longer offers consular processing that’s a different story. I was fortunate that the Budapest consulate agreed to take our case.
US&A has been the escape hatch for oppressive regime in China/Russia/... for many years, young people from there seek freedom in US, instead of fight for freedom in their own.
Individual freedom is great but collectively they made people who can't migrate have less and less freedom. Some expected US&A compensate that with trade, military and twitter, which all turned out to be disasters.
I'm sorry for anyone stuck in those processes, but for long term US&A giving up on Green card / dual citizenship is not necessarily a bad thing for the world.
Damned if we don’t allow people in and, apparently, damned also if we do allow some in
Your strange argument would actually support this policy: stop letting these people into the USA so that they stay in their own repressive countries and are forced to reform them.
Hundreds of millions of people from abroad shared that belief up until 2 decades ago or so. I don't think they believe it anymore. It's been like watching your awesome high school friend throw away their lives over time.
It basically means a huge percentage of these people might never come back. Once you go back to your home country, life moves on. Your plans change. Your path changes. And that could be terrible for the economy.
Hundreds of thousands of people either wouldn’t enter the local economy, or they’d be delayed for a very long time. I really don’t see companies being okay with that. Think about all the students who are ready to enter the job market. Instead, they’d have to go back home, wait for a visa, and only then come back. That kills the speed of the economy and makes hiring way more unpredictable.Or at the very least, it would seriously slow things down.
So many great students will be off the market. This will affect to the whole tech space. No way they will be happy with this decision.
Most countries, you get a visa of some kind but you have no way to permanent residency at all unless you marry but you can keep staying there somewhat permanently.
Americans voted for this.
This could be a big deal for Big Tech. I wonder how personal experience of Musk and Huang will play into how they react.
Whats the equivalent policy for other countries? Can you stay like you could prior to this?
Graduate visa's are the same for example, where you cannot apply abroad, so you must be careful not to leave the country between graduating and getting that visa.
Pretty much all forms of permission to stay in the UK other than asylum can only be granted from within the country if you hold an existing long term status. So if you're visiting as a tourist you can't then decide to apply for a spouse visa or even a working holiday or student visa without leaving the country first. If you're already on a student visa or a work visa or similar you can change categories without having to leave.
The graduate visa is essentially an extension to the student visa with slightly different permissions - it makes sense that you can only apply to extend if you're in country and you view it from that lens.
The historic reason behind all this is that there used to be a substantial difference between being granted "leave to enter" and "leave to remain" (out of country vs in country applications). Leave to enter used to be granted by embassies etc and the foreign office, but leave to remain was granted by the home office. Now the home office handles everything in the UK centrally so the distinction is not significant.
Instead we're doing exactly the opposite, cutting down on legal immigration as well. Making it hard for me to believe that it was ever about illegal immigration at all.
so there a huge need to have a difficult policy discussion about what to do without cratering the economy.
but when you start removing civil liberties and running around in gangs grabbing random brown people off the streets and sending them to indefinate detention in the middle of nowhere, dumping people in Somalia, claiming you have the right kill anyone you want, you shouldn't be surprised when people start waving around the f word.
You've been propagandized to believe that is happening. Remember when we were grabbing random brown people, including Black Olympian school superintendents right off the streets and sending them to concentration camps?
https://www.cnn.com/2025/09/27/us/ian-roberts-des-moines-sup...
Months later the truth comes out: illegal alien with guns in his possession, which is a federal crime. Deportation order issued under Biden's administration.
The post-truth era has made the f word effectively meaningless.
Tying this back to OP's comment, it's hard to see these policy changes as any sort of legitimate protectionism and it's just as hard to divorce them from the justifications given by people who start with "I'm not anti-immigrant".
1) Someone can be against illegal immigration and for legal immigration.
2) That same person's idea about who should immigrate to the country may exclude most or all of the people who are currently immigrating illegally.
It's not like you can only be against illegal immigration because they forgot to fill out some form. Legal immigration has a component of deciding who gets in.
I want to keep the US a destination for hard work and smarts and striking out on your own. Don’t shelter your lazy kid, show them the beauty of complexity and mastery. Have them master some difficult skills, whether that’s a second language or botany or math or public speaking or building things. We are all responsible to each other for excellence. Respond to the opportunities for excellence, of what we can build together, dont’t yield to sloth and resentment being satisfied with turning your back on your own potential. The future is awesome and we welcome all who want to contribute! We welcome competition - better to be second best to the best than turning your back and cutting yourself off from the course of history.
Let's say hypothetically the UK increased its population by around 3 million since 2020, including one particular influx designed and implemented by Boris Johnson to suppress wage inflation, which had a direct effect on the lower end of the job market for the native population. You could also easily argue it led to a direct surge in popularity of the far right party Reform.
Purely hypothetical of course...
You'd consider that a good thing?
What the lower classes are concerned about is the value of their labor relative to others’, while the upper classes are concerned with getting a good deal by avoiding increases to the labor-cost floor. Bribes/subsidies and offered scams, have worked so far.
If the federal government, as an institution, were genuinely concerned about illegal immigration, it would have a different set of tactics. Start by punishing the sources of capital (fewer people), then property owners (more people), and only afterward the laborers themselves (many people).
What I see is a combination of class warfare and political theater, not a sincere effort to enforce the law. The law is incidental, made obvious by the exceptions the administration has had to carve out for certain industries.
> If I walk into your house uninvited, that’s trespassing.
Sure.
What happens if your kid invites round a friend of theirs you don't like?
What happens if you are a kid and your sibling does?
What happens if you rent out a room to a lodger, and the lodger invites someone over?
What happens if you're a tenant in a rental, and the landlord sends in an emergency plumber?
Remember, every single migrant working illegally in your country is someone that another person in your country wanted to employ; if you're in the US, most of those employers will be selling you your food and your houses, which most of you seem to like, while some were South Koreans making data centres which you personally may hate but your pension funds love.
I love immigration. We should have lots of immigration! But it should occur within consistently, fairly enforced laws passed by our legislative system. I get that our immigration system is arguably broken and that it's very difficult to pass meaningful legislation, but that doesn't mean we should just allow whoever is president to dictate immigration policy.
If there was a legal pickpocketing, and someone claimed to only be opposed to illegal pickpocketing, then it would be reasonable to point out that unless they're lying about their intent a solution to preventing illegal pickpocketing would be to make it all legal.
The analogy falls apart because nobody argues that they are "only" opposed to illegal pickpicketing.
If people are opposed to any form of immigration, then they should just admit that, rather than pretend they're only opposed to illegal immigration.
A lot of those people had no issue with ICE bullying and detaining legal immigrants.
Those that jumped through all the hoops above bar, paid their dues in a messed up system where they bit their upper lip and got through it, and have been extremely frustrated at others trying to game the system.
What do you think they mean by "100 million"?
1. Illegal immigration is bad, and we should do more to reduce it.
2. Immigration (any kind) is too numerous. Eg someone could say "Nashua, New Hampshire is now 17.2% foreign born and I think that is too high." Within 2. there are multiple separate reasons to have the position. One could think that its bad for assimilation, or one could be upset that the Nashua school system's budget increases are almost completely due to having to hire more ELL staff to accommodate the rapid rise in non-English speakers in a school system that used to be almost entirely English speakers. I'm sure there are more complicated examples but I hope that one is easy to understand.
3. Immigration (any kind) is used to lower wages of the working and middle class via labor and program abuses. At the low end, this used to be a leftist talking point (the kind Bernie Sanders once talked about). At the high end, it is grousing about H1B abuses. Despite many agreeing that th program has large abuses, H1Bs are legal immigrants.
Your idea of an "easy solution" doesn't remotely correspond to a solution for people who think #2 or #3. Even for #1, someone who dislikes illegal immigration does not necessarily want more legal immigration, though that used to be a very common view (eg, Bill Clinton in the 1990s, I think George Bush too). If a person believes #3, increasing the number of legal immigrants may simply increase the corresponding abuses.
n.b. the text above is descriptive, not normative.
The irony is that if anyone thinks they are going to solve this problem - I have a bridge to sell. If GoP solves this then they are going to lose of the biggest talking points in next elections. I can see this being challenged and drama played out for long time saying "other side" is not letting them move forward with it.
All the while the "extraordinary" Green Card will actually be "ordinary" - done by greasing POTUS palms. Because POTUS and his supporters are hell bent on turning America into a third world low trust country.
Thats obviously extreme but given the abuse in the status quo it’s hard to defend what was going on and whine about this now. Some folks are obviously angry, but that anger is better directed at those that were abusing the system not those trying to fix it.
The H1B system was stupid. That doesn't justify any of what the Trump admin has been doing.
What you are saying used to happen but not anymore.
What is minimum qualifications? Enough to get an interview?
With so many tech layoffs now it would be nearly impossible for most roles to claim there’s nobody else available, and under the current administration the historical games are no longer just flying below the radar. That hasn’t stopped some companies from still trying though.
It helps that a decent portion of the population hates and/or is fearful anyone different from themselves. That is what's allowed for these even more draconian and brutal measures.
My personal preference would be to allow nearly unlimited legal immigration but strip welfare programs for all. In this way we allow anyone and everyone to become an economic participant, voting participant after the naturalization process, and mitigate those immigrating purely for handouts.
But I haven't thought through this policy well. Maybe there is something this seemingly solution is missing.
It take tremendous effort to immigrate, legally or illegally. Anyone telling you that they are lazy is obviously lying.
That doesn't make any sense. If you want "cheap labor [that] can't complain about mistreatment," you want a weak border, not a strong one, because a weak border creates a larger pool of illegal immigrants to draw from.
A strong border, at a minimum, reduces the supply of illegal immigrants, and may even push the employer into hiring people with legal immigration status who can complain and sue over mistreatment.
> It helps that a decent portion of the population hates and/or is fearful anyone different from themselves. That is what's allowed for these even more draconian and brutal measures.
I'd put it another way: a large part of the population has been put under a lot of stress and pressure, while simultaneously being intensely conditioned to not blame the people actually responsible. That stress has to go somewhere. Don't blame the little guys, even if you find them contemptible because they're not from your culture. Blaming the little guy (for "hat[ing]...anyone different from themselves") is another aspect of the conditioning that protects those actually responsible.
A larger pool with more rights and less fear of being deported. That means it's easier for them to pick and choose the jobs they do or even to start their own businesses.
They could, for example, form a union without the fear of deportation.
Look, if this were all about stopping illegal immigration, there are very fast paths to doing that. A prime one would be punishing not the immigrant, but the employer of the immigrant. Fine every farm in the US that employs an illegal immigrant and you'd quickly see the number of those jobs being worked drop.
But that's not what ICE is about which is why they and legislators haven't done that really basic enforcement.
Heck, at the start of this admin, Trump had to pull back ICE from raiding farms because the business interests of the farmers collided with the xenophobia of Steven Miller.
"Forcing green card applicants to leave will render many green card applicants’ ineligible because, when they leave the United States, they will trigger the 3- or 10-year bars on receiving an immigrant visa based on accrual of unlawful presence."
https://www.uscis.gov/laws-and-policy/other-resources/unlawf...
Note particularly the following:
> Asylees and asylum applicants: Generally, time while a bona fide asylum application is pending is not counted as unlawful presence.
So unless there's currently a huge backlog of people staying here illegally who are somehow eligible for green cards in spite of this fact, the government changing it's policies to require new applicants do so from overseas is not itself causing these applicants to violate immigration law.
On the other hand I've always wondered if most of America's competitive advantage at driving tech innovation hasn't simply been through capturing the ROI of other more social minded countries investing in public education. It could be a massive long term benefit to Europe and Asia especially if they get to keep the talent they created, and more globally distributed innovation seems like it could have some benefits to global welfare.
There need to be thorough weekly video walkthroughs of all of the detention centers. Otherwise you can expect actual starvation at some point.
https://www.nytimes.com/2026/05/18/us/politics/trump-afrikan...
the wildly corrupt double-standard is breathtaking
There is well documented historical evidence Elon Musk not only illegally overstayed a student visa, he also illegally worked while on that visa AND did illegal drugs publicly while on that visa
Destroyed USAID murdering millions, highlights the President is in the Epstein Files extensively, then six months later is flying on Air Force One, it's all a cruel joke against humanity
Leftists: "I hate regugees/immigrants when they are White!"
The are other nits to pick with the analogy, but I’ll leave it at that
Under Trump 1 she was fired because they wouldn't renew it and she lost work authorization. Her kids are citizens and she speaks better English than Spanish, she was educated here and is effectively fully integrated. But she's slightly brown, and Stephen Miller says we can't have that.
Just take a look at the categories of Green Cards available on USCIS' website[0], and think about how many of them will be unavailable if you're back in your home country.
* Green Card via Family? 18 months, minimum, for approval.
* Green Card via Employment? Well, self-deporting likely means the loss of said job opportunity, thus your ability to convert to LPR status
* via Special Worker? Here's hoping you're not an Iraq of Afghani national that might be persecuted back in said home country for cooperating with the US Government.
* via Refugee or Asylee Status, or as Victims of Abuse? Are we fucking kidding, here? Forcing refugees/asylum seekers/abuse victims back to their home countries is deliberately cruel, and I'm going to be looking for statistics on changes in approvals pre- and post- this policy change to make sure "special circumstances" are actually recognized as such
It's just a despicably cruel policy change that's so overtly xenophobic, it actually reveals the alignment of those reporting on it when it's not called out as such. It's the antithesis to legal immigration in that it all but destroys the process entirely, promoting more illicit behavior (dangerous and clandestine border crossings, exploitation of migrant workers, human trafficking, etc) in the process.
Fuck this regime.
[0]: https://www.uscis.gov/green-card/green-card-eligibility-cate...
It is gutter racism.
edit: I wish I could be surprised by the downvotes, but it's gutter racism and I'm proud to point this out! I would be never be quiet about a matter of ethics and conscience just because of startup accelerator social media popularity points. This directly influences many of our friends and colleagues in this field. It is vile, evil racism and directly topical for software startups.
edit 2: the list of immigrants and children of immigrants who have founded software companies that are the absolute backbone of US information infrastructure is embarrassing to write down. Anyone can search for the information, but it's harder to list companies not founded by immigrants or children of immigrants.
If you aren’t lucky enough, you’re just screwed.
I am no longer surprised, but still don’t understand why almost all members of Congress are wiling to just let their power slip away like this.
I personally think this is the big secondary benefit that the administration is going for.
Despite being able to show 10 years of consistent working history with income far exceeding the minimum, because I didn’t have a job lined up in the US (who would, or could, in that scenario?) we had to ask my wife's elderly parents to sign affidavits of support to prove I wouldn’t become a "public charge".
There were several times where we felt so insulted by the process, the length, the cost, the targeting from scammy law firms, that we almost gave up. People who have never been through the legal immigration process don't quite understand the amount of work it requires and stress it causes. I feel for the thousands of people who now have little certainty over their futures, and it feels necessary to say: people who come here to contribute their skills and experience don't all come along on an H1-B/L1, nor do they only come from white or european countries.
Notably, and very relevant, the UK recently made it substantially harder for UK citizens to bring over spouses to the point that even teachers don't meet the income thresholds necessary to qualify.
Australia is more expensive AND takes longer than the United States for the equivalent spousal visa.
On one hand, I'm so relieved that I have been able to dodge everything that the administration has been throwing at immigrant (legal and illegal alike), trying to see what sticks, like mass deportations, border wall expansion, visa restrictions, asylum crackdown, H-1B cuts, and chain Migration Ban.
On the other hand, we cannot apply for citizenship for 3 more years, even though me and my wife have been in the US for combined 25+ years, and paid over $100,000 in taxes last year alone, and it's jarring to imagine what the administration will come up with next to make the process less straightforward than it seems.
Most disturbing is the fact that a lot of people I know who climbed the same ladder will go out and cheer what the administration is doing.
bokchoi•1d ago
SilverElfin•1d ago
> Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process.
Do they consider H1B workers to be “temporary” for this purpose? It seems broken and cruel to force them to go back to apply when they’re here legally and could easily just apply here (assuming their visa is still valid).
bokchoi•1d ago