VISA2US Blog

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.

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.

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.

Followers of the US State Department’s monthly Visa Bulletin were pleased to see so much forward momentum in the October release. Yet, those who recognize the changes and what they mean predicted that so much movement would be followed by slow growth, and November’s bulletin is evidence of that expectation. With hardly any movement anywhere, the second bulletin of the new fiscal year’s lackluster release is broken 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.

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

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.

Foreign workers under the H-1B visa umbrella enjoy the added perk of bringing their spouses and eligible children to the United States. While employed in this category, they have up to six years to live and work in America. During this period, it’s common for children to “age out” of the visa’s eligibility requirements. What happens when your child gets to this point, and is there any way you can keep them in the US with you? We have the details here.