VISA2US Blog

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

Deep Diving Into the Three Prongs of NIWs

November 30, 2023
For foreign nationals on a green card path, the wait can be long and arduous. However, if you qualify for an EB-2 National Interest Waiver, the application process is simplified, and the road to permanent resident status is shortened. The only obstacle is that you must qualify using the three prongs of the National Interest Waiver under US immigration law. What are they, and how can you prove that you qualify? We’ll dive deep into them here.

How the US Supreme Court’s Refusal of OPT Extension Case Affects the H-1B System

November 28, 2023
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.

H-1B Workers and F-1 Student Regulations Under Review

October 25, 2023
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.

Understanding E-Verify and H-1B Portability

October 20, 2023
When you employ foreign workers (or you are the employee), particularly with H-1B visa holders, the terms “E-Verify” and “H-1B portability” often show up. While neither is universal, they are essential in certain aspects of the immigration world. What do these terms mean, and how are they related? We’ll explain those answers here.

Merit-Based Immigration Versus Skill-Based Immigration

October 13, 2023
Followers of the US immigration system have seen the headlines demanding change across the board, particularly in the H-1B employment-based visa category. Reformation is necessary to address the border security, substantial backlog in Green Cards, and imbalance in the number of H-1B allotted visas versus the demand. According to many proponents, one potential solution is the move from skill-based to merit-based immigration. What would this mean for immigrants and the US? Keep reading to find out.

In the Headlines: Understanding How the H-1B Visa, EB-2 Green Card Transfer, and Visa Bulletin Are Related

October 11, 2023
With the most recent Visa Bulletin released and the start of the new federal fiscal year in place, you’re seeing the terms H-1B Visa, EB-2 Green Card transfer, and Visa Bulletin everywhere in immigration headlines. What do these terms refer to, and how are they related? We’ll explain what you need to know here.

A Breakdown of the H-1B Program and Its Effect on the US Economy

October 10, 2023
For decades, the US has relied upon foreign workers to fill vital positions in the labor market, including both skilled and unskilled jobs. In more recent years, the focus has shifted to ensure critical industries, such as science, technology, engineering, and mathematics (STEM), are taken care of through work visas such as the H-1B. This program has been in place since 1990 and is run by the US Citizenship and Immigration Services (USCIS). Since its implementation, the H-1B program has significantly impacted the US economy, and we’ll discuss the effects here.

The Impact of Ramaswamy's H-1B Reform on Indians

October 6, 2023
It’s not a surprise that immigration visas are backlogged for many categories in various countries, particularly India’s H-1B visa. But with a wait time of over ten years for thousands of individuals, it’s understandable that their patience is disappearing. Now, presidential hopeful Vivek Ramaswamy is promising to overhaul the H-1B visa program, replacing the outdated system with a more fair process. What is he promising, and how is it being received? We’ll explain here.

How the New Merit-Based System is Overhauling the H-1B Visa

October 5, 2023
If you’ve been following global immigration news, you’ve heard of the merit-based system implemented in countries like Australia, New Zealand, and the United Kingdom. Recently, Canada made headlines when they added this system to their government, and now, America may be next in line. This point-based immigration system bypasses the H-1B lottery system that has been called into question as flawed. Instead, foreign nationals are granted entry into the US based on their unique skills through a Tier 1 or Tier 2 category. How will this system change the H-1B visa path? Keep reading to find out.

Updated guidance regarding EB1A regulatory criteria

October 3, 2023
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.
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