VISA2US Blog

When you’re a foreign national living in the United States, you need permission from the government to obtain work legally. This is given via an EAD or an Employment Authorization Document. Work authorization is the proof an employer needs to hire you, but it isn’t always given to immigrants or foreign nationals. If you’re waiting for a National Interest Waiver or are on another path to a Green Card, and you already have work authorization, keeping it is a precarious thing. Here, we’ll delve into everything you need to know to get or maintain your EAD when you’re waiting for an NIW or Green Card.

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.

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.

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.

It’s unsurprising that the current legislation advocates for change to the immigration system, particularly regarding the H-1B visa. With all the problems that made headlines in 2023, it’s apparent to anyone who pays attention to immigration that an underlying issue must be addressed. One possible solution to alleviate some of the backlog of family- and employment-based green cards is to move the filing dates in the Visa Bulletin forward. How would this benefit current and future H-1B workers? Read on to find out.

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.

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.

Getting a green card is a dream for millions of foreign nationals worldwide, but the application process is challenging and time-consuming. It helps when you have multiple avenues open to you because then you can choose the category with the least wait time, but that’s not always possible. The National Interest Waiver is one of the shortest routes to permanent residency. However, proving to the US government that your skills and work are of the utmost national importance isn’t easy, regardless of your occupation. In this article, we’ll discuss how F-1 and J-1 scholars, postdocs, and researchers can optimize their chances of approval for this coveted NIW document.

When you’re trying to obtain an H-1B visa, you must abide by specific beginning and ending dates, and these aren’t always optimal. This can be particularly concerning when you’re a student finishing your university program with a gap between your last day of school and your first day at your new job. Since this is relatively common, the United States Citizenship and Immigration Services (USCIS) has a process in place to streamline your H-1B petition and allow you to remain in the US with a cap gap extension.

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.