VISA2US Blog

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

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.

Understanding E-Verify and H-1B Portability

October 20, 2023
When you employ foreign workers (or you are the employee), particularly with H-1B visa holders, the terms “E-Verify” and “H-1B portability” often show up. While neither is universal, they are essential in certain aspects of the immigration world. What do these terms mean, and how are they related? We’ll explain those answers here.

A Breakdown of the H-1B Program and Its Effect on the US Economy

October 10, 2023
For decades, the US has relied upon foreign workers to fill vital positions in the labor market, including both skilled and unskilled jobs. In more recent years, the focus has shifted to ensure critical industries, such as science, technology, engineering, and mathematics (STEM), are taken care of through work visas such as the H-1B. This program has been in place since 1990 and is run by the US Citizenship and Immigration Services (USCIS). Since its implementation, the H-1B program has significantly impacted the US economy, and we’ll discuss the effects here.

Even the H-2 Visas Are Getting Modernized: What Does This Mean for Skilled and Unskilled Workers?

October 4, 2023
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.

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.

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.

Do Scholars Need To Wait for the H-1B Visa Lottery?

September 19, 2023
The H-1B visa system is a popular avenue used by skilled foreign workers to expand their professional skills across borders and into the United States. While there are numerous benefits that come with this visa category, the downside to an H-1B is the need to wait for strict filing dates and hope that your registration is chosen in the random lottery, where a cap of 65,000 regular and 20,000 advanced registrants are selected to move forward and file a petition. But there’s a way around this limitation if you can find a cap-exempt employer, and those in the scholarly field often meet the conditions to do this quite naturally. Read on to find out if a scholar you know (or you yourself) can skip the lottery process and obtain an H-1B more easily.

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.

Can a Lawyer Qualify for a National Interest Waiver?

September 8, 2023
National Interest Waivers are a special kind of document that allows the foreign beneficiary to live and work in the US without a job sponsor. To qualify, the individual must prove that their skills and expertise make them of “national interest,” which can be a significant challenge. Many careers fall into this realm naturally, including those in STEM and healthcare fields. However, as an attorney, you can challenge the government with evidence that shows you, too, are crucial, and we’ll explain how to do that here.

New Fields of Study for STEM OPT Degrees Added

August 17, 2023
Foreign nationals enter the United States every year for various reasons, including work, tourism, and education. The visa they use to gain entry into the US depends on the reason for their visit. For international students, this is typically the F-1 status. However, only certain fields of study qualify for extensions that also permit work authorization. According to the latest updates from the Department of Homeland Security (DHS), there are eight new fields that fall under the STEM OPT degree and qualify for the two-year work authorization extension. We’ll break those fields down here.
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