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.

Your Guide to Filing Taxes as an H-1B Holder

October 25, 2023
With a valid H-1B visa, you have many of the same rights and privileges as a native US citizen for three years (with an optional three-year extension). During that time, you are allowed to live and work in the US, receiving the agreed-upon salary covered in the terms of your visa. But with those privileges comes responsibilities, including the requirement to pay taxes. How do you know what taxes you must file as an H-1B holder? We have that information here in this guide.

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.

In the Headlines: Understanding How the H-1B Visa, EB-2 Green Card Transfer, and Visa Bulletin Are Related

October 11, 2023
With the most recent Visa Bulletin released and the start of the new federal fiscal year in place, you’re seeing the terms H-1B Visa, EB-2 Green Card transfer, and Visa Bulletin everywhere in immigration headlines. What do these terms refer to, and how are they related? We’ll explain what you need to know here.

October's Visa Bulletin is Out: What You Should Know

September 26, 2023
When you're a foreign national waiting in the virtual queue for your green card, the US Department of State's Visa Bulletin is a vital resource. This bulletin notifies applicants of the latest priority dates per category and country. When yours is current, you can apply to move your green card forward to the next step. October's Visa Bulletin is officially out, and we've summarized the information in the document for you here.

What Happens When Your Child Ages Out of Your H-1B Visa?

September 22, 2023
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.

J-1 Visas Versus H-1B Visas: What You Need to Know

September 21, 2023
Each country has its own requirements in place that determine how foreign individuals may enter and work within its borders. In the United States, visa categories like J-1 Exchange Visitors and H-1B Specialty Occupation Workers are popular. The two visas have certain similarities in which they overlap in qualifications, but overall, they are distinctly different. Keep reading to find out everything you need to know to understand J-1 versus H-1B visas.

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.
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