VISA2US Blog

Since the program was implemented by the US Congress in 1990, the EB-2 National Interest Waiver visa has consistently remained one of the most sought-after but challenging ways for foreign nationals to enter the country. This document is solely for those with advanced degrees or exceptional abilities who can demonstrate that giving them the waiver in exchange for their abilities and knowledge would be in the “national interest” of the US. What qualifies as “of interest” to the country doesn’t always stay the same, though, and with so many changes on the horizon, the trends and predictions of the future of National Interest Waivers are possibly changing, as we’ll discuss here.

The OPT program was designed to allow international students to work while in the US receiving a secondary education or for up to one year after graduation. Earlier changes to the program allow STEM students an optional 36-month extension. Opponents of this adaptation claim that it permits tech companies to bypass the typical H-1B work visa program, a notoriously challenging system with a limited annual quota of visas available. However, legal challenges to the OPT extension case have yet to be successful, and the last attempt at the Supreme Court level was also blocked when the Court refused to take the case. This decision to leave the OPT extension as it currently is reflects the importance of the STEM industry globally but impacts the H-1B program in general. Keep reading to learn more.

One of the most popular work visas, the H-1B, has always had strict requirements to get and keep its validity. But now, the Department of Homeland Security (DHS) is trying to amend some of these requirements and oversight. The proposed rule affects H-1B specialty occupation employees and F-1 students who have filed H-1B Cap Subject Petitions. What does this rule include, and how might it affect you? We’ll break it down here.

The National Interest Waiver (NIW) is a top-tier under the Employment-Based Second Preference (EB-2) visa category. It permits the holder to live and work in the United States without a job sponsor. Qualifying for this coveted document is challenging as the applicant must prove that they are highly skilled or have an exceptional ability that makes them of particular national interest. As with all immigration regulations, the requirements and benefits of the NIW adapt to the needs of society, and recent changes may benefit spouses under an H-4 visa should they seek work. We’ll explain those and the other must-know details here.

Foreign nationals who enter the US via the temporary visa route, like a work or student visa, often decide to stay permanently. They must apply for lawful permanent residency and obtain a green card to do this. Not all visas permit this path, but the H-1B category, also called a dual-intent visa, does, all without needing to leave the country. You just need to file an Adjustment of Status (AOS) and go through the green card process, and we’ll explain how to do that here.

Receiving an H-1B visa is an impressive accomplishment when you’re a foreign worker with the goal of working in the United States. Not everyone who pursues this path is able to navigate it successfully, but you did. However, once it’s in your hands (and in the USCIS system), that doesn’t mean it’s guaranteed. There are certain situations in which the government can revoke an approved request, petition, or application. Called a NOIR (Notice of Intent to Revoke), this action isn’t something you want to happen to your visa. Keep reading to understand how to prevent or learn how to handle the steps after receiving a NOIR.

The Visa Bulletin, released monthly by the US Department of State, is read by those visa petitioners still awaiting their priority dates and forward movement for their green cards. Usually, this document is mostly predictable with the occasional surprising changes, but September 2023’s bulletin brings some major news that we’ll explain here.

Petitioning for a National Interest Waiver is a goal that brings with it copious benefits. If you’re up for the challenge, you may find the advantages you’ll receive make the complex paperwork and red tape worth every minute. However, these benefits vary based on factors like nationality and occupation. Here are certain things to consider as you determine whether a National Interest Waiver is right for your occupation.

Skilled individuals who live overseas but want to work in the United States for approved employers can apply for an H-1B visa. For various reasons, this document is highly sought-after by millions worldwide. Each year, only 85,000 registrants are allowed to apply for capped job positions, and getting to this point is challenging. But once you've cleared all the hurdles and have that coveted H-1B approval in your mailbox, you're not quite done yet. Here are some of the most critical pieces of info anyone with an H-1B approval should know before moving to the US.

Obtaining a visa to work and live in the United States is challenging, especially if you intend to file for permanent residency once you’re settled into your new country. The process is quite lengthy and can take years (or even decades) for some people, depending on their situation. But if you qualify for a National Interest Waiver, much of this wait time and headache is eliminated. The key to successfully receiving this coveted document is to pass the US government’s three-prong method, and we’ll explain what that includes here.