VISA2US Blog

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

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.

How the US Supreme Court’s Refusal of OPT Extension Case Affects the H-1B System

November 28, 2023
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.

How to Maintain Work Authorization While Awaiting NIW Approval

November 15, 2023
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.

Walking You Through the Adjustment of Status Process From H-1B To Green Card

September 28, 2023
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.

Can an F-1 Or J-1 Visa Holder File for a National Interest Waiver?

September 18, 2023
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.

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.

Thinking About a Green Card? Consider the National Interest Waiver Route

September 6, 2023
As a highly skilled professional wishing to work in the US and obtain a green card, you have various options available to you. While most people use the general route of an H-1B visa, there are limitations to this that may not be suitable for you. When you have an advanced degree or an exceptional ability in your field, an EB-2 National Interest Waiver can let you skip the strict requirements of a job offer and other hurdles involved in those visa petitions and propel you to the front line for a green card. We’ll explain how this works in this short blog.

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.

How Changes in Immigration Policies Are Likely to Affect the H-1B Lottery in 2024

July 25, 2023
If you’ve been paying attention to the H-1B visa petitions this year, you’ve seen the headlines about the record-setting FY 2024 lottery numbers. However, US Citizenship and Immigration Services attributes this high number to fraudulent attempts of registering multiple registrations of the same individuals. This significant issue heavily impacted the lottery system this year, causing USCIS to review and reform registration processes. But since new data shows that more than 75% of H-1B registrations amongst the individually filed petitions would’ve been rejected anyway, a deeper problem runs through this system. How is USCIS addressing the visible issues from FY 2024’s lottery? Read on to find out.

Clearing Up the Confusion Regarding NIW Visas for Commercial Pilots

July 24, 2023
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.
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