VISA2US Blog

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

The Future of National Interest Waivers: Trends and Predictions

December 21, 2023
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.

How the New H-1B Rules Make it Easier for Entrepreneurs to Get Visas

December 7, 2023
Recent proposed changes to the traditional H-1B visa program have entrepreneurs sitting up and taking notes. Now, those looking to work for themselves could technically be sponsored by their company, changing the definition of “US employer” and streamlining the process of obtaining an H-1B visa. Customarily, H-1B visas are only available through a job sponsor, but now, if the proposal goes through, a beneficiary may own a controlling interest in their sponsor’s company. This suggested change has the potential to make a substantial impact on those who have waited for a visa for years. How would the new H-1B rules make it easier for entrepreneurs? We have the details here.

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.

More Benefits to the National Interest Waiver (Including H-4 Spouses' Right to Work)

October 16, 2023
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.

Can Startups Get an H-1B Visa?

September 15, 2023
Since the pandemic, the world has moved to an increasingly online business presence. This makes it possible for burgeoning entrepreneurs to feel safe stepping out of the corporate box and starting a business of their own. These individuals and their associated companies, known as “startups,” may want to hire foreign workers outside of the United States, but they need a visa to do so. The most popular work visa is the H-1B, but is this a potential avenue for startups? Read on to find out.

Why You May Benefit for a National Interest Waiver Depending on Your Occupation

August 22, 2023
Petitioning for a National Interest Waiver is a goal that brings with it copious benefits. If you’re up for the challenge, you may find the advantages you’ll receive make the complex paperwork and red tape worth every minute. However, these benefits vary based on factors like nationality and occupation. Here are certain things to consider as you determine whether a National Interest Waiver is right for your occupation.

FAQs for the National Interest Waiver

July 31, 2023
The United States offers several avenues for foreign nationals to work and live within its borders. One such option is the National Interest Waiver (NIW.) The NIW can open doors to exciting opportunities in the U.S. However, it is a complex process that requires a thorough understanding in order to successfully secure a visa. This blog post addresses some frequent questions about the NIW and provides valuable tips for a successful application. Our FAQ format will answer your most pressing questions and provide clarity on whether this option is suitable for you.

Overview of the Three-Prong Method for National Interest Waivers

July 10, 2023
Obtaining a visa to work and live in the United States is challenging, especially if you intend to file for permanent residency once you’re settled into your new country. The process is quite lengthy and can take years (or even decades) for some people, depending on their situation. But if you qualify for a National Interest Waiver, much of this wait time and headache is eliminated. The key to successfully receiving this coveted document is to pass the US government’s three-prong method, and we’ll explain what that includes here.

How Foreign Entrepreneurs May Benefit From a National Interest Waiver

July 4, 2023
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.

Examples of Successful National Interest Waivers

June 20, 2023
A foreign national can legally enter the United States and apply for permanent residency in various ways. One of those methods is via the Employment-Based Second Preference visa, better known as the EB-2. However, the applicant must have a job offer from a qualified US-based employer willing to sponsor them for this visa — unless the individual has the skills, education, and assets to obtain a National Interest Waiver (NIW). What is an NIW, and what are some examples of successfully obtaining one? Read on to find out.
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