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Comment by NTDF9 | Hacker News Reader

> But can we stop kidding ourselves that H-1B holders seeking permanent status are innocent victims? They're exploiting a loophole (dual-intent) to immigrate where they otherwise would have a difficult time qualifying for an immigration visa. They've willingly accepted the trade-offs.

It's a loophole? That's news to me. Outside of family and extraordinary abilities (think Nobel prize winners), what other way is there for someone to immigrate?

If there are any immigrants to be attracted, it is this pool of people. Well educated, speak english, no crime and not moochers. What other alternative people do you want to support your social security system?

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> It's a loophole?

Well, call it what you want. Originally the H-1 program was for temporary non-immigrant workers. Intent matters when someone enters any country -- if someone is determined by the immigration authorities to have intent to immigrate, but only holds a non-immigrant visa or waiver, they'll be denied entry.

In the 90s the H-1 program was made dual-intent, as in, intent to immigrate would not disqualify someone from entry, setting the stage for the present mass exploitation of H-1B workers.

> what other way is there for someone to immigrate?

Like I said, US immigration is racist and broken. I don't know how we solve it, aside from obvious of creating other paths to legal immigration and phasing out H-1B's dual-intent status so that immigration doesn't turn into exploitation.

From the immigrants' perspective the obvious thing to do is vote with your feet -- go somewhere else or stay in their home country -- but so many people want to come to America that it's hard to imagine reaching a critical mass to effect policy change.

> In the 90s the H-1 program was made dual-intent, as in, intent to immigrate would not disqualify someone from entry, setting the stage for the present mass exploitation of H-1B workers.

Do you know why this was done? Because the bureaucracy went out of whack and caused massive delays in the real immigration steps aka green cards.

If anything, H-1 is the only way right now because US govt can't function like a developed country. The H-1s are not to blame. They are just like you and I. And they are the kind of immigrants I want to sustain our population and economy.

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