champu
03-12 12:10 AM
What you are saying I understand. And many american/GC holders work as independent contractors on 1099. But H1B is never designed for independent contractor (1099). H1B is designed as W2. By using percentage basis H1B consultants are trying to work like independent contractor on 1099. USCIS is trying to crack down on that.
No H1B works on 1099.
Also how uscis can crack down on %age system.
No H1B works on 1099.
Also how uscis can crack down on %age system.
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hpandey
11-27 11:29 AM
Many thanks to IV for doing all the work and collecting this very useful information. It truly shows that IV is the one and only platform that helps the EB population.
United we stand.
United we stand.
gjoe
08-29 09:25 AM
I didn�t want to go to DC rally due to my surgery appointment (September 6th) because I can not fly for three weeks after the surgery.
Guess what?, I have postponed my surgery appointment date, booked tickets and going to DC rally on Monday evening and flying back on Tuesday night.
I also urge people to take a day off and attend the rally.
You are the man !!. You are leading by setting an example for others to follow. My prayers and good wishes for your travel and your surgery later on.
Guess what?, I have postponed my surgery appointment date, booked tickets and going to DC rally on Monday evening and flying back on Tuesday night.
I also urge people to take a day off and attend the rally.
You are the man !!. You are leading by setting an example for others to follow. My prayers and good wishes for your travel and your surgery later on.
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sreeni.k
01-13 09:44 PM
I agree with you completely; I will never travel through frankfurt or any german airport again or any german airline. I think they see indians are sticklers for procedure/afraid lets milk them for some visa money. All we will be doing is get off one airline and switch to other one. Probably that takes like 2 hours within the terminal and for that you have to fill in a paper work, money and spend more time then that gab. This is just out right harrassment. Let them rot in hell :mad:.
Transit visa is the biggest fraud ever on the face of us. As a principle I NEVER traveled on Transit visa after it came in to existence.
It's absolutely ridiculous to charge $$ for a visa where all you are going to do is take a dump in their airport.. :mad::mad::mad:
Indians should not patronize airlines demanding transit visa. atleast people who need transit visa should not fly..
Transit visa is the biggest fraud ever on the face of us. As a principle I NEVER traveled on Transit visa after it came in to existence.
It's absolutely ridiculous to charge $$ for a visa where all you are going to do is take a dump in their airport.. :mad::mad::mad:
Indians should not patronize airlines demanding transit visa. atleast people who need transit visa should not fly..
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h1bmajdoor
09-03 09:44 AM
[LIST]
H1B + GC holders pay SS + Medicare (??) for which they are entitled only when they become citizen (this is questionable).
anyone (*fine print - from a list of countries) who has paid SS for 10 years or more, and was legally in the US, is entitled to SS benefits, like a US citizen.
these laws can change. but then so can anything else.
H1B + GC holders pay SS + Medicare (??) for which they are entitled only when they become citizen (this is questionable).
anyone (*fine print - from a list of countries) who has paid SS for 10 years or more, and was legally in the US, is entitled to SS benefits, like a US citizen.
these laws can change. but then so can anything else.
vicky007
12-15 01:01 PM
I read about EB2 flow on one of the forums at immigrationportal.com. I'll try to find the thread and post the url if I can.
About EB2 people filing is only from my personal experience. Every single friend I knew who was in EB3 with PD somewhere mine filed for perm EB2.
Good for all of them.
Its all the more imperative now that USCIS bans labor substitution because its obvious that though applicants have moved on and converted to EB-2 the labors would still be pending and would become available to the sponsor's for substituting someone else.(aka selling in the market).
About EB2 people filing is only from my personal experience. Every single friend I knew who was in EB3 with PD somewhere mine filed for perm EB2.
Good for all of them.
Its all the more imperative now that USCIS bans labor substitution because its obvious that though applicants have moved on and converted to EB-2 the labors would still be pending and would become available to the sponsor's for substituting someone else.(aka selling in the market).
more...
alterego
11-03 10:46 AM
This is an extremely childish argument. In all honesty, the rules are the rules, we do not make them and nor do we interpret them. In the past the way the rules were interpreted favored EB3 over EB2I. Last year they said they took another look at the language and interpreted the rules as they should have been all along. At that time, there was much argument within this board and others. Those like me kept saying that EB immigration has always had a skills hierarchy and from the language EB category took precedence over country of origin quotas(which were discriminatory anyway). Others including popular posters like UN and lawyers like Ron Gotcher took the other view. In the end the state Dept. decided with the Eb category precedence and horizontal spillover. Should those that suffered the misinterpretation in 2006/7 ask for reallotment of future flows of visas to redress that injustice? No.
Likewise, many people got the opportunity to file 485s in the summer fiasco. There were hundreds of thousands of people who had already filed and were waiting for years by then, but the USCIS was being their usual inefficient self and not doing squat with their application. Were they not wronged? What about their total lack of respect for the FIFO policy? How would one of you feel in 2012 if someone who filed in 2012 and with a PD the same as or later than you get approved first?
These are process issues. There are many flaws in the system. Complaining when it grieves you and smiling when it suits you is not correct.
You guys need to learn to put the mission ahead of your personal interests. IN the interim, if you are able to migrate to EB2 and are confident in your case to be able to do that, then do so. However complaining on and on, and deligitimizing the whole advocacy effort is not how you get your goals accomplished. The singular best solution for everyone is visa recapture. If there was broad participation by everyone affected, I believe it would have happened already. EB3 v EB2 battles and other fault line battles accomplish nothing. Letters to officials along these divisive lines, while it may pacify your anguish a bit, make the community a laughing stock.
Likewise, many people got the opportunity to file 485s in the summer fiasco. There were hundreds of thousands of people who had already filed and were waiting for years by then, but the USCIS was being their usual inefficient self and not doing squat with their application. Were they not wronged? What about their total lack of respect for the FIFO policy? How would one of you feel in 2012 if someone who filed in 2012 and with a PD the same as or later than you get approved first?
These are process issues. There are many flaws in the system. Complaining when it grieves you and smiling when it suits you is not correct.
You guys need to learn to put the mission ahead of your personal interests. IN the interim, if you are able to migrate to EB2 and are confident in your case to be able to do that, then do so. However complaining on and on, and deligitimizing the whole advocacy effort is not how you get your goals accomplished. The singular best solution for everyone is visa recapture. If there was broad participation by everyone affected, I believe it would have happened already. EB3 v EB2 battles and other fault line battles accomplish nothing. Letters to officials along these divisive lines, while it may pacify your anguish a bit, make the community a laughing stock.
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eb3_nepa
12-21 09:37 AM
I think there is goin to be a mad rush for H1 filing.. com e April & the 2007-08 quota will be over in a jiffy...
You BET. I really hope for all our spouses sakes that the Congress DOES increase H1Bs as well
You BET. I really hope for all our spouses sakes that the Congress DOES increase H1Bs as well
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wahwah
06-05 11:33 AM
since the new supplemental memo has been issued, the rule making agenda may be pushed off. but i think the new memo will be effective immediately.
See this..from immigration-law.com
However, the release of this new supplemental AC-21 probably implies that the rule-making agenda may be pushed off and may not be enacted this year. Please stay tuned.
See this..from immigration-law.com
However, the release of this new supplemental AC-21 probably implies that the rule-making agenda may be pushed off and may not be enacted this year. Please stay tuned.
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gunabcd
07-17 10:55 AM
I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
6 years for everyone? is everyone's PD 2007? Are they going to issue GC only after 6 years? use a little common sense and you will find that GCs are given based on PD, Older the PD sooner you will get GC. for example a person with PD 2003 will get GC within 6 months.
If you know you are a pessimist, then sit down in a corner and keep crying, don't scrare others with your illogical, baseless arguments.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
6 years for everyone? is everyone's PD 2007? Are they going to issue GC only after 6 years? use a little common sense and you will find that GCs are given based on PD, Older the PD sooner you will get GC. for example a person with PD 2003 will get GC within 6 months.
If you know you are a pessimist, then sit down in a corner and keep crying, don't scrare others with your illogical, baseless arguments.
more...
kak1978
11-03 09:49 AM
Today I was talking to IO in Texas service center, during discussion I told her that India dates might retrogress.. can you please expedite my case. For that she replied that " that's what they are doing"
I am not sure how reliable is this and on what she has in her mind.. Just wanted to share the information. Don't give me RED for this.
May be she meant that they are trying to expedite your case.
I am not sure how reliable is this and on what she has in her mind.. Just wanted to share the information. Don't give me RED for this.
May be she meant that they are trying to expedite your case.
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dtekkedil
07-06 03:34 PM
Yes!
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ronhira
07-21 10:28 PM
mike – what about some of the corporation r not american corp.
donna – it doesn’t matter. ha ha
mike – indian corporation is hiring indians,
donna – that’s right, but doesn’t matter where they come from, we have to tell that they r taking away from
what will happen is that they will cease to exist. tata has not applied for 1 h1b.
kevin – they get people on company2company transfer
donna – because durbin bill hit the nerve, that essentially, h1b is dead in water, now l1 is being scrutinized by uscis, so actually, these cos have to hire locally
we have to laying down tracks for – that the bypass of us citizens and gc holder creates the culture of exploitation – this is our version of best & brightest.
if you look at our opposition – best & brightest, remain competitive, so this is, i think we have really strong chance to stay on message. democrats are articulate but can’t stay on the message, but we can. i meant it people.
btw, compete america, gave up on job posting for 30 days from durbin bill. durbin bill not allow h1b on client site, so have to place americans on 3rd party cites, and 30 days to post a job on dol site for us. it’s the academic arena will choke, and there will be so many jobs for us in academic arena.
kevin –schumer idiot thinks rich people wall street but we in it cannot make more than 40,000.
barbara – someone will say 30 days – that will stop our mission critical project
donna – no it won’t happen compete america, gave up on job posting for 30 days, because we were able to fight back, and we r in a strong position. we have to push for our agenda to strengthen our position.
kevin – on durbin bill, who will testify in the committee hearing
donna – nobody knows
kevin – the message is fragmented, donna the first one to say, get on to the message
donna – the players and politicos, who will talk about this, there is a big group who called me last week,
barbara – yes, we r fertilizing the soil.
donna - there is a republican who wrote this book – who said – its not what we say its what they hear. when we say after labor day – we are fighting for our right to compete for the jobs – the unions around the country will go wow, say anything that we have to defeat them.
kevin – we put this on internet it will stay forever and people will see it.
donna – someone in dean campaign, is interested in helping us
kevin – we have to get sound bites on the news, mostly its ron hira or kim berry
mike – one can
donna – a large organization will put me in 1 of the hearing. let’s guarantee that, by showing our level of sophistication. so target h1b only wants ads, companies are recruiting abroad for american jobs.
have to checkout now, have to head out, thanks everyone, bye guys.
if we play our cards right, we maybe able to get our contingent for the hearing. well great, i’ll do it next september.
alright bye bye.
--------------------------------------------------------------------------------------------------
waste of my 1 hour, will not my time ever on these losers, now i know why they can't keep the job that they have, and why they can't find a new job.....
donna – it doesn’t matter. ha ha
mike – indian corporation is hiring indians,
donna – that’s right, but doesn’t matter where they come from, we have to tell that they r taking away from
what will happen is that they will cease to exist. tata has not applied for 1 h1b.
kevin – they get people on company2company transfer
donna – because durbin bill hit the nerve, that essentially, h1b is dead in water, now l1 is being scrutinized by uscis, so actually, these cos have to hire locally
we have to laying down tracks for – that the bypass of us citizens and gc holder creates the culture of exploitation – this is our version of best & brightest.
if you look at our opposition – best & brightest, remain competitive, so this is, i think we have really strong chance to stay on message. democrats are articulate but can’t stay on the message, but we can. i meant it people.
btw, compete america, gave up on job posting for 30 days from durbin bill. durbin bill not allow h1b on client site, so have to place americans on 3rd party cites, and 30 days to post a job on dol site for us. it’s the academic arena will choke, and there will be so many jobs for us in academic arena.
kevin –schumer idiot thinks rich people wall street but we in it cannot make more than 40,000.
barbara – someone will say 30 days – that will stop our mission critical project
donna – no it won’t happen compete america, gave up on job posting for 30 days, because we were able to fight back, and we r in a strong position. we have to push for our agenda to strengthen our position.
kevin – on durbin bill, who will testify in the committee hearing
donna – nobody knows
kevin – the message is fragmented, donna the first one to say, get on to the message
donna – the players and politicos, who will talk about this, there is a big group who called me last week,
barbara – yes, we r fertilizing the soil.
donna - there is a republican who wrote this book – who said – its not what we say its what they hear. when we say after labor day – we are fighting for our right to compete for the jobs – the unions around the country will go wow, say anything that we have to defeat them.
kevin – we put this on internet it will stay forever and people will see it.
donna – someone in dean campaign, is interested in helping us
kevin – we have to get sound bites on the news, mostly its ron hira or kim berry
mike – one can
donna – a large organization will put me in 1 of the hearing. let’s guarantee that, by showing our level of sophistication. so target h1b only wants ads, companies are recruiting abroad for american jobs.
have to checkout now, have to head out, thanks everyone, bye guys.
if we play our cards right, we maybe able to get our contingent for the hearing. well great, i’ll do it next september.
alright bye bye.
--------------------------------------------------------------------------------------------------
waste of my 1 hour, will not my time ever on these losers, now i know why they can't keep the job that they have, and why they can't find a new job.....
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Guig0
02-10 04:11 PM
cheater... i didn�t imply that ;)
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seetheavatar
12-21 12:23 PM
Yes all the above/below said happened to a foreign citizen(you) not to their own citizens when they apply for passport renewal.
But indian consulates show their skills to their own people.No other consulate/government offices in the world treats their own citizen in similar manner.
The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
But indian consulates show their skills to their own people.No other consulate/government offices in the world treats their own citizen in similar manner.
The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
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EB3IFiasco
02-17 06:56 PM
Same story here.Hard LUD couple days ago. Email said "transfered to.." something something.
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senthil1
05-18 12:41 PM
It is good. But .... There were many bills like this in past few years. But it is tough to get even considered unless if you come out a small number like 50k or less. Basically every year immigrant groups were asking unlimited number of GC for US Master degree holders. If they give unlimited gcs for US master degree holders then that number only will add 500K per year as Indian students only have numbers around 80k every year. So with some cap and exemption just for Phd holders will have a better chance of passing in congress.
I thought there was a bill along these lines last year, do not remember the name or number of the bill though. I would very much welcome such a bill though.
I thought there was a bill along these lines last year, do not remember the name or number of the bill though. I would very much welcome such a bill though.
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raydon
10-12 10:46 AM
It was very hard to see at least 3-4 of my friends working in very reputed, established companies, not some tinpot startups (I'm almost tempted to name the companies) using labor Sub. And all of them have got their green cards comfortably. Every single one of them.
Their managers pushed for labors subs for them and nobody even objected because it was legal!
And to my best knowledge, my current company didn't do any subs (perhaps because they didn't have layoffs during dot com bust) so I see senior employees in my company badly stuck with EB3. In fact, there are EB3 managers hopelessly stuck whose EB2 employees are in a better position than them. I'm NOT making this up.
Unless you take risks, you won't progress. Calculate your risks and take it. My friend, 2003 is an old PD and you have been stuck for long. You deserve a better deal and a more senior job profile. I agree completely with folks though, that allowing people to retain the old PD is unfair to others waiting and USCIS should grant some intermediate PD. But take it from me, all kinds of unfair practices have been happening. A classic example is July 07.
I do see your point about the unfairness of allowing the old PD. In that case, what do you say about the cross-chargeability provision ? I guess the percentage of people availing of that provision is small, but it does happen.
For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.
Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process :) Couldn't help myself with that pun there :)
Their managers pushed for labors subs for them and nobody even objected because it was legal!
And to my best knowledge, my current company didn't do any subs (perhaps because they didn't have layoffs during dot com bust) so I see senior employees in my company badly stuck with EB3. In fact, there are EB3 managers hopelessly stuck whose EB2 employees are in a better position than them. I'm NOT making this up.
Unless you take risks, you won't progress. Calculate your risks and take it. My friend, 2003 is an old PD and you have been stuck for long. You deserve a better deal and a more senior job profile. I agree completely with folks though, that allowing people to retain the old PD is unfair to others waiting and USCIS should grant some intermediate PD. But take it from me, all kinds of unfair practices have been happening. A classic example is July 07.
I do see your point about the unfairness of allowing the old PD. In that case, what do you say about the cross-chargeability provision ? I guess the percentage of people availing of that provision is small, but it does happen.
For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.
Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process :) Couldn't help myself with that pun there :)
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Almond
07-17 10:11 AM
September 14, 2006
Will you please tell me what date the I 765 "Based on a pending I-485 adjustment application [(c)(9)]" they're on? Thanks
Will you please tell me what date the I 765 "Based on a pending I-485 adjustment application [(c)(9)]" they're on? Thanks
nag2007
10-11 04:45 PM
This situation is really bad. There are so many people who missed the deadline as their labor was stuck in BEC. USCIS should at least allow a one-time chance (like July 2nd) for such people to file 485. I was lucky to clear the labor stage earlier this year.
Ya...Atleast, they should allow us to file EAD. In that case my spouse can work. She did not get H1b this year(because of lottery system). She has PHD in CSE and sitting at home.
Ya...Atleast, they should allow us to file EAD. In that case my spouse can work. She did not get H1b this year(because of lottery system). She has PHD in CSE and sitting at home.
qasleuth
03-27 11:47 AM
ashkam,
You are missing it again. What is a driver license for ? Drivers license is a drivers license. It is a verification whether one has the driving skills and knowledge to drive safely on the road.
What has it got to do with job or immigration status ?
Matters related to Driver license are largely decided by States but with "Secure ID Initiative" passed in the Congress, some of the powers have shifted to the Federal Govt. Many aspects of Secure ID initiative are still work in progress but some of the states have taken pro-active steps.
Driver license is not merely used for letting the person drive BUT ALSO serves as a photo ID.
Your immigrant status is linked to how long you can stay in this country. Your stay in this country is prescribed by the laws established by USCIS, Department of Homeland Security and other agencies. Driver's license is the single most important photo identification is this land. It shows who you are, where you reside and if you are legally in this country.
You use your photo ID to board a plane, when applying for a loan, to deal with various govt. agencies etc.
As for your question as to why driver's license is used for ID: That same question has been debated by lawmakers and thus came the idea of "Real ID". Go lookup info regarding Real ID and you will be pretty happy with using Driver's license as the ID.
Why is any of the above causing your grief ? Why references to slavery ? As long as the system is transparent and documented on their websites (like DMVs), I fail to understand your angst.
You are missing it again. What is a driver license for ? Drivers license is a drivers license. It is a verification whether one has the driving skills and knowledge to drive safely on the road.
What has it got to do with job or immigration status ?
Matters related to Driver license are largely decided by States but with "Secure ID Initiative" passed in the Congress, some of the powers have shifted to the Federal Govt. Many aspects of Secure ID initiative are still work in progress but some of the states have taken pro-active steps.
Driver license is not merely used for letting the person drive BUT ALSO serves as a photo ID.
Your immigrant status is linked to how long you can stay in this country. Your stay in this country is prescribed by the laws established by USCIS, Department of Homeland Security and other agencies. Driver's license is the single most important photo identification is this land. It shows who you are, where you reside and if you are legally in this country.
You use your photo ID to board a plane, when applying for a loan, to deal with various govt. agencies etc.
As for your question as to why driver's license is used for ID: That same question has been debated by lawmakers and thus came the idea of "Real ID". Go lookup info regarding Real ID and you will be pretty happy with using Driver's license as the ID.
Why is any of the above causing your grief ? Why references to slavery ? As long as the system is transparent and documented on their websites (like DMVs), I fail to understand your angst.