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.

Nonimmigrants wishing to extend their visa’s validity period use Form I-539, Application to Extend/Change Nonimmigrant Status. This form is one of the most commonly filed, as it is used by students, visitors, and temporary workers. Generally, requesting an extension is simple, provided no significant changes have occurred. However, in the past, a biometrics requirement added extra time and expense to the application. Recently, USCIS announced changes to this requirement. How will that affect your I-539? We’ll explain 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.

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.

National Interest Waivers are an ideal way for individuals to skip the job sponsor requirement of a foreign work visa. However, qualifying for these coveted documents can be challenging as you must meet rigorous criteria.

Premium processing is an optional part of filing certain forms as part of your immigrant or nonimmigrant petition. Although it’s not essential, this feature is often beneficial for those who need their forms adjudicated quickly. Through the expedited processing of your case, you may be able to push your application ahead of others. However, the categories that allow premium processing are limited and frequently changing. USCIS’s latest adjustment to this feature was announced in June 2023, and we have the information that you need to know here.

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.

For decades, the United States has had a reputation of striving to be the best of the best. In the 21st century, this definition often comes hand in hand with creating innovative, cutting-edge technology. But the immigration policy is restrictive and challenging, making it difficult to land the top talent while awaiting H-1B lottery policies and other obstacles. However, if you qualify for a National Interest Waiver, your job in the STEM field could help you skip the long wait and obtain a visa that propels you to the front of the line of foreign workers entering the US.

Moving to the United States, temporarily or permanently, is a goal for millions worldwide. One way to do this is to obtain a work visa that allows the beneficiary to live and reside in the country for limited periods. Two of the most popular work visas are the H-1B and the EB-2. However, both of these employment-based green card avenues have long, cumbersome processes with no guarantee of success. On the other hand, a National Interest Waiver, which is a step up from the EB-2, lets the holder skip the wait and head to the front of the green card queue. Which of these avenues is best for you? Read on to learn the differences between an EB-2 and an NIW.

Applicants for a work visa face a long, challenging process before their petitions are approved. Part of the delay includes finding a qualified employer to extend a job offer, then waiting for that sponsor to obtain approval from the Department of Labor (DOL) through the job certification process. Yet, when an individual has exceptional ability in fields such as science, business, arts, or an advanced degree profession, they may qualify to skip sponsorship and the subsequent wait time through the National Interest Waiver (NIW) path. For most people, the industry itself isn’t as important as the case they present to USCIS, and we’ll explain how to develop solid evidence to support your NIW plea here.