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.

American citizens and those affiliated with them via business, like foreign workers, held a collective breath as the days counted down to October 1 and a potential fiscal year government shutdown. If the two parties couldn’t come to a spending agreement, there would be an impasse and a federal spending moratorium until they did. Thanks to the last-minute short-term spending bill by President Biden, life in the government checkbook went on as normal — at least until November 17. With this new deadline on the horizon, the federal budget remains in dispute, and those holding an H-1B visa must act fast to keep it safe. We’ll explain why and what this means for immigration here.

Part of the visa application process includes verifying your identity. For initial visas like the H-1B category and for green cards, that includes a biometrics screening. While it might sound like advanced artificial intelligence, this is simply an appointment during which the United States Citizenship and Immigration Services (USCIS) collects a record of your fingerprints and takes a picture of you to cross-reference the information with the FBI database and the Department of Homeland Security. Provided you don’t have a criminal record or any run-ins with the immigration department, this is a simple step. What should you know before you go to prepare for your biometrics appointment? We’ll give you the details here.

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.

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.

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.

As the immigration system in the United States continues to undergo scrutiny, it is slowly evolving one category at a time. Most recently, on September 18, 2023, the Department of Homeland Security issued a proposed rule to bring the H-2 Temporary Visa Program up-to-date, strengthening protections for these workers and making other much-needed changes. What does this modernization attempt mean for skilled and unskilled workers? We’ll break down the changes here.

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.

America’s immigration policies are frequently tied to the political situation in the country at any given time. When those in charge of reformation and policies can’t come to an agreement, the resulting impasse may have serious consequences. That’s what we see playing out on the near horizon as the end of the fiscal year approaches. If Congress can’t agree on how to fund the federal government, a partial shutdown could happen, and the impact could be damaging to those awaiting immigration paperwork. We’ll explain what’s going on and what you should be doing to prepare for a potential government shutdown here.