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.

Merit-Based Immigration Versus Skill-Based Immigration

October 13, 2023
Followers of the US immigration system have seen the headlines demanding change across the board, particularly in the H-1B employment-based visa category. Reformation is necessary to address the border security, substantial backlog in Green Cards, and imbalance in the number of H-1B allotted visas versus the demand. According to many proponents, one potential solution is the move from skill-based to merit-based immigration. What would this mean for immigrants and the US? Keep reading to find out.

The Impact of Ramaswamy's H-1B Reform on Indians

October 6, 2023
It’s not a surprise that immigration visas are backlogged for many categories in various countries, particularly India’s H-1B visa. But with a wait time of over ten years for thousands of individuals, it’s understandable that their patience is disappearing. Now, presidential hopeful Vivek Ramaswamy is promising to overhaul the H-1B visa program, replacing the outdated system with a more fair process. What is he promising, and how is it being received? We’ll explain here.

How the New Merit-Based System is Overhauling the H-1B Visa

October 5, 2023
If you’ve been following global immigration news, you’ve heard of the merit-based system implemented in countries like Australia, New Zealand, and the United Kingdom. Recently, Canada made headlines when they added this system to their government, and now, America may be next in line. This point-based immigration system bypasses the H-1B lottery system that has been called into question as flawed. Instead, foreign nationals are granted entry into the US based on their unique skills through a Tier 1 or Tier 2 category. How will this system change the H-1B visa path? Keep reading to find out.

Updated guidance regarding EB1A regulatory criteria

October 3, 2023
The USCIS policy memo has adjusted the language of several EB1A regulatory criteria, in some cases rendering these criteria more readily applicable to our clients.

Changes to the NIW in 2023: Who is Eligible?

June 7, 2023
The EB-2 visa is part of a category of work-based documents offered to eligible foreign nationals with a valid job offer from a US employer. Underneath the EB-2 heading is the National Interest Waiver. Unlike the basic EB-2, the NIW doesn’t require a job offer for the individual to receive the visa. They must have an advanced degree or exceptional ability in their field and be involved in work or research that is of national interest to the US. What does that mean in 2023? Read on to find out.

Will the Per-Country Cap on Green Cards Change in 2023?

February 9, 2023
The H-1B visa and Green Card program have existed for decades as a way to bring nonimmigrants and immigrants into the United States. The policies behind the programs have shifted as problems and gaps become visible. Still, overall, the goal is to help bring skilled workers into the US and benefit the economies, as well as the individuals. One of the policies under scrutiny currently is the per-country cap on green cards, which limits how many families are approved for a Green Card based on birthplace. Will this policy continue in 2023, or will new legislation revamp this factor?

The Merit-Based Immigration Legislation and How it Impacts the H-1B Program

February 2, 2023
Since their inception, the H-1B visa and Green Card programs have used certain factors, such as birthplace and workforce skills, to determine which immigrants enter the United States. Now, with the merit-based immigration legislation changes in the Equal Access to Green Cards for Legal Employment Act, these factors have substantially shifted. How does that affect your H-1B visa search? Read on to find out.

How the H-1B Visa Helps Highly Skilled Workers

November 24, 2022
The United States frequently lacks highly skilled workers to fill specialty occupations. A merit-based system encouraging foreign workers with bachelor's degrees (or higher) in high-demand fields was initiated to minimize the economic and employment damage of this shortage. This system provides non-immigrant citizens with an H-1B visa to enter the country for work purposes. It has been a significant benefit to the US and those highly skilled individuals.

Taking a Closer Look at the First Prong Test for NIW Applicants

June 28, 2021
Satisfying the first prong for the NIW application involves establishing that the proposed endeavor has “substantial merit” in terms of U.S. national importance. In this blog we unpack what substantial merit really means and how it is applicable to different sectors in the U.S. economy.
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