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 USCIS policy memo has adjusted the language of several EB1A regulatory criteria, in some cases rendering these criteria more readily applicable to our clients.

National Interest Waivers are a special kind of document that allows the foreign beneficiary to live and work in the US without a job sponsor. To qualify, the individual must prove that their skills and expertise make them of “national interest,” which can be a significant challenge. Many careers fall into this realm naturally, including those in STEM and healthcare fields. However, as an attorney, you can challenge the government with evidence that shows you, too, are crucial, and we’ll explain how to do that here.

Foreign nationals highly covet the H-1B visa because of its many benefits. In addition to working in the United States, visa holders can bring their families, own and rent homes, and engage in most activities a US resident completes. But with these advantages comes a list of requirements the beneficiary must meet during their stay. Those terms, such as the employer and workplace listed on the H-1B visa documentation, can only change by USCIS approval. The latest requirements regarding H-1B workers changing worksites clarify how this is accomplished.

The H-1B and certain other categories of visas are designed to bring skilled workers into the United States to fill specialty job positions. However, these workers must meet strict requirements, such as a bachelor’s degree or higher from an accredited university. Those applying for an advanced degree exemption typically have a bachelor’s and a master’s or beyond that must qualify as accredited. Hopeful H-1B petitioners need to verify that their institutions are from an accrediting agency, but recent changes in the US Department of Education have dropped an important one. The Accrediting Council for Independent Colleges and Schools (ACICS) is no longer recognized, meaning substantial impacts for H-1B and certain F-1 student visa holders.

Although there are limited options for K-1 visa holders who decide to not get married in the U.S., there are also definite circumstances to avoid in this situation.

You can file your I-765 application on the USCIS website at the same time or shortly after you file an application for TPS.

Green card processing times vary from 12-20 months or even longer. 

Looking at the advantages of using an online publishing platform for research and publication sharing.

H4 dependents are eligible for work permits so long as they are their H1-B partner is seeking a green card or has an approved I-140 alien petition in the U.S.