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Apunaja's avatar

Really enjoyed this episode. It felt educational, fair to the different perspectives, and had the right amount of depth when getting into some complicated issues.

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DD Webb's avatar

Thank you for such a great episode! It's rare that I consume a piece of media about immigration that sheds light and not heat.

As an immigration lawyer that represents businesses in nuclear fusion, advanced robotics, biotech, hard sciences, etc. I am very familiar with the lack of home-grown talent in these areas. I add cost to the hiring process. If there were American PhDs and engineers in those fields, they would hire them and avoid spending money on me. However, there aren't a lot of plasma physicists working on the first wall problem inside a nuclear fusion reactor. My joke with folks is that if we get commercially available fusion, you can thank me that it happened in America because it's highly likely that I worked on one or more of the visas for the physicists involved.  While many of my clients' employees can qualify for an O-1 extraordinary ability visa if I can put someone on an H-1B visa I do because it's a lot more objective.

The adjudication of extraordinary ability visas and green cards is insanely bad, unpredictable and often nonsensical. The criteria are also geared towards academics so it gets even tougher for folks who aren't in that space. I am tasked with explaining plasma physics to a non-technical immigration officer. It is maddening to get a request for evidence where the officer says that a MIT professor in physics isn't credible to discuss the international or national reputation of the O-1 applicant.

I wish folks could understand that for the very highly skilled it is incredibly difficult to get work permission in the U.S. -- it is not easy.

On the H-1B program I do think it doesn't make a whole lot of sense that my PhD super specialized level beneficiaries are competing against entry level tech folks who will be at the big IT contracting companies. I think reform is needed.

The other tough part about getting rid of per country quotas for employment based green cards is that you would basically cut off all green cards to every country in the world but India because of the existing backlogs. I think it would last 10 years of India only immigration. I would have to go back to the math. Backlog changes have already wreaked havoc for religious worker green cards in the EB-4 category. 

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