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Comment by zura | Hacker News Reader

Interesting. So if you decide to immigrate with B1, you have to do so illegally, right? And in this case your only option is blue collar jobs. But someone with enough knowledge and skills who is able to get into some accelerator program obviously won't go for these kind of jobs...

But in case if it is possible to legally immigrate with B1, then what's the problem?

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If you decide to immigrate with a B1, you generally have to return home first and apply for an immigrant visa, unless you fall into a category whereby you can immediately file for an Adjustment of Status (which is almost certain to cause red flags to go up at USCIS).

There are certain visa classes that are considered "dual-intent"[1], meaning that you can have the intent to immigrate while obtaining a formally non-immigrant visa. One such visa is the K-1 fiance(e) visa, which allows one to enter the United States for the purpose of marrying one's US Citizen fiance(e) within 90 days and subsequently applying for an Adjustment of Status (i.e. green card). The B class is not one of these, so you need to overcome the immigration / CBP officer's presumption that you intent to immigrate[2].

OP: Note that you are free to reapply for the visa; make sure you read the instructions on the form and fulfill the evidence requirements as much as possible.

1. http://en.wikipedia.org/wiki/Dual_intent

2. http://en.wikipedia.org/wiki/B_visa#Requirement_to_overcome_...

I was asking about the concern of immigration officer - why should they have this presumption if you're, say, an experienced software engineer or similarly high skilled educated professional. Nobody with these skillset are going to stay somewhere illegally and work [without permit] in "dirty"/heavy job space.

A software engineer could trivially illegally migrate to the US and then make money via their trade (e.g. freelance development work, app sales, pretty much anything online, telecommuting abroad).

You're right in the sense that it would be hard to get a normal 9-5 job without a visa/SSN but you're dismissing a huge number of alternative routes to income which wouldn't even depend on the person's physically being in the US (e.g. open a Google Developer account as if you were still in your home country, pay taxes there, but do it all from the US).

Plus your assumption that developers are "above" working in blue collar jobs is flawed. There are tons of fully certified Indian doctors working blue collar jobs abroad right now, developers are no better.

OK, refusing a visa because of your last sentences makes sense - i.e. to prevent you from "stealing" blue collar jobs from US citizens.

But in your first sentences, you describe quite self-sufficient/sustained person - who "steals" nothing from US people. He/she even contributes to US economy by living there - paying rent, eating food, etc... plus not using US social system. So why such person is not welcome then?

I wasn't responding in order to clarify "why" the visa system is the way it is. I was simply pointing out that your assumption that "no developer would ever illegally migrate because they couldn't get a job once in the destination country" argument is flawed.

The way the current US visa system is structured self-sustainability isn't really their primary motivator, the primary motivator seems closer to "just keep everyone out UNLESS they provide enough value to US society as a whole" (e.g. people with high sought after skills or qualifications).

The problem is the law, and I sort of sympathize with the interviewers because they have to be seen as being completely blind to the "subjectivity" of the personal case, and rely solely on documentation. Logically, it makes so sense for me to stay illegally in US. Not only will it screw my company, it wont help me in any way. I went to a very good CS school, and have ample high paid job opportunities here at home and legal ways to apply for a job in US.

My bad luck was that I had a new interviewer who was extra cautious, understandably. He was in a doubt and went to speak to the guy in the next counter, and came back and said no. Which is a little screwed up because the guy in the next counter didn't even speak to me!

But there's no scope for an appeal, so the only option I have is to reaply and this time take some document as evidence and hope I have an experienced interviewer.

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