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 topic of green cards and the long wait to obtain one has been part of ongoing legislation for years. In certain countries, individuals have waited years and, in some cases, over a decade to receive their green card. As of the Visa Bulletin’s release of October 1, 2023, there are some major changes on the horizon, but do these help or hinder the green card program? Keep reading to find out.

The United States immigration program regulations aren’t set in stone. In fact, they undergo revision regularly, with the current focus on a proposed pilot program designed to determine the future of E-Verify as mandatory or optional. Currently, some states require employers to use this remote system to verify employment eligibility. But those that don’t still need a way to verify documents. The Department of Homeland Security has suggested remote I-9 document inspections for employers with 500 or fewer workers. If you are interested in expressing your thoughts on this proposal, you have until October 2, 2023, to do so. Keep reading to find out how this works.

Early in 2023, E-Verify made headlines as Florida added legislation to enforce E-Verify as a required part of the employment process for every employee. Although this announcement was met with substantial backlash, the reality is that many other states already have this system in place, including Alabama, Arizona, Georgia, Massachusetts, Mississippi, North Carolina, South Carolina, Tennessee, and Utah. Although it’s voluntary elsewhere, most employers prefer the simplicity and efficiency of the system, and USCIS has made the program even more accessible with its newly released remote verification options. Read on to learn more about what this involves.

In early 2022, news hit the aviation world that foreign pilots could qualify for the United States National Interest Waivers. That information prompted hundreds of thousands of commercial pilots to petition for waivers, spending large amounts of money on legal fees and hoping their time and financial expenses would pay off. But many of these cases were rejected. What’s the truth behind NIW visas and commercial pilots? We explain the difference between successful and rejected petitions here.

Obtaining approval for a National Interest Waiver is an exciting step in your journey to permanent United States residency. Understandably, this is a challenging endeavor to undertake, as you must prove to the government that your skills and knowledge are essential to the overall national interest of the country. One such field that tends to fall under this category is that of scientists, and if your studies lead you into the biological science realm, you may qualify for this coveted waiver, as we’ll discuss here.

Changes to the National Interest Waiver typically occur under every new presidential administration, and Biden’s presidency is no different. The latest changes took place on January 21, 2022, with the announcement of an expanded path to meet the National Interest Exemptions. Who benefits from these changes? The focus is on entrepreneurs meeting specific criteria, and we have the details here.

FY2024 was a landmark year in H-1B lottery registrations. USCIS received the most it has ever had in history during the initial registration period, including those who qualified for the advanced degree exemption (master’s cap). But there was a downside to this landslide: The number of fraudulent petitions also exceeded historical records, and USCIS has taken this year as a learning experience, implementing new measures to combat fraud in the future.

Back in 2020, an executive order was enacted to exempt professional athletes and any essential support staff from the COVID-19 restriction of entry into the US. With that order, foreign-national athletes and coaches of the NBA, NHL, USTA, PGA, and certain other sports bypassed the restriction. Since then, that vaguely worded document was used to successfully make business traveler arguments helping others get through COVID restrictions. Now, changes to the initial exemption have affected foreign athletes, particularly in the form of National Interest Waivers. What should you know if you’re attempting to travel under this category? Read on to find out.

Ongoing modernization attempts are an essential part of keeping the borders safe worldwide, and USCIS regularly makes changes in support of this goal. One of the more recent adaptations is the policy of required biometrics submissions. Applicants requesting entry to the US through most avenues must complete a biometric screening as part of their approval process. But certain applicants fall under a temporary suspension of this requirement. If you’re a nonimmigrant filing Form I-539, you may not need to complete the screening before your petition is approved. We have the details here.