VISA2US Blog

Our blog is a source of latest immigration news, policy updates and trends for thousands of readers every month.

Changes to the NIW in 2023: Who is Eligible?

June 7, 2023
The EB-2 visa is part of a category of work-based documents offered to eligible foreign nationals with a valid job offer from a US employer. Underneath the EB-2 heading is the National Interest Waiver. Unlike the basic EB-2, the NIW doesn’t require a job offer for the individual to receive the visa. They must have an advanced degree or exceptional ability in their field and be involved in work or research that is of national interest to the US. What does that mean in 2023? Read on to find out.

Changes in Florida's E-Verify System You Must Know

June 6, 2023
If you’ve been following immigration law in the United States, you know that what happens in one state often sets the stage for others to follow. That may be the case in Florida, where recent legislation has made it required for private employers with 25 or more workers to use E-Verify. This is the federal government’s database used to verify work authorization. What does this mean for employers of foreign national workers and the workers themselves? Read on to find out.

USCIS Investigating Potential H-1B Fraud

June 5, 2023
USCIS already expected to see a record number of applications for FY 2024 due to various factors, such as lifted pandemic restrictions and massive layoffs in the tech industry. But what wasn’t as predictable was the significant amount of attempted fraud that has been uncovered already. USCIS has caught almost half of the currently submitted applications as multiple registrants. Still, the government branch’s lack of action thus far leaves many questioning how this will affect legitimate applicants, as discussed here.

How to Apply for the National Interest Waiver

June 1, 2023
The National Interest Waiver (NIW) is part of the United States EB-2 employment-based visa petition. It’s designed for those with advanced degrees or exceptional abilities that could benefit the national interest of the US. It’s a highly sought-after visa because once the applicant is approved, they become a lawful permanent resident of the country. However, it’s not easy to qualify. Here are the details you must know before you apply for an NIW.

The H-1B Petition Deadline is Around the Corner: What You Need to Know

June 1, 2023
Are you a US-based company in need of skilled foreign labor? If so, it’s time to take notice of the upcoming deadlines. H-1B visas follow a rigid workflow, including many deadlines, throughout the application process. Here are the dates you need to know to stay on top of your employment vacancies.

National Interest Waiver Processing Time

May 31, 2023
Petitioning for an employment-based green card typically requires a sponsor. Applicants on a general path to this target can’t petition for themselves. The process includes receiving job offers and perm labor certification approvals, as well as completing various other forms and awaiting approval. But if you qualify, you can avoid these delays and sponsor yourself under a National Interest Waiver (NIW), which may cut down the processing time for your green card significantly.

How to Change Jobs With a National Interest Waiver

May 30, 2023
When you’re approved for a National Interest Waiver, you sponsor yourself and don’t need a job offer to get your document. The NIW, as it’s referred to, is a fast track to a green card. But to keep your place in the green card waiting line, you must continue to prove that you’re working toward the terms stipulated with your NIW, which usually means having a specific job. So, when you change employers under an NIW, it could technically affect your green card status. Here are the details you should know if you’re considering changing (or have already changed) jobs as a National Interest Waiver holder.

FAQs for the EB-2 National Interest Waiver

May 30, 2023
An NIW, or National Interest Waiver, is part of the EB-2 category, used when an applicant wishes to obtain a green card in the US. This second-preference employment-based visa opportunity eliminates the requirement of other work visas: the beneficiary does not need a job offer in order to qualify for an NIW. But to balance this exception, there are many other substantial factors that must be met before someone is approved for the waiver, and it can be confusing to navigate the NIW process. Here are some of the typical frequently asked questions and their answers regarding the EB-2 National Interest Waiver.

Common H1B Cap Filing Mistakes and How to Avoid Them

May 24, 2023
It’s no secret that this year’s cap filing numbers were substantially higher than predicted or that many registrations are being inspected for potential fraud. Whether the fraudulent claims are based on legitimate abuse or simply careless mistakes remains to be seen, but the fact is that you want your H-1B registration to stand up to scrutiny. To ensure your petition is adjudicated successfully, avoid these common filing mistakes in the future.

EB-2 Retrogressions Are in the News. Is Your Country One of Them?

May 24, 2023
Occasionally in the immigration visa world, there is more demand from a particular country than the United States Citizenship and Immigration Services expected. When that happens, a retrogression may occur. In those circumstances, the State Department pushes back the final action dates for the EB-2, moving them backward instead of the typical forward momentum. This retrogression was recently announced in the USCIS May 2023 Visa bulletin as necessary to keep the number of immigrant visas under the FY 2023 limit.

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