VISA2US Blog

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

How the New H-1B Rules Make it Easier for Entrepreneurs to Get Visas

December 7, 2023
Recent proposed changes to the traditional H-1B visa program have entrepreneurs sitting up and taking notes. Now, those looking to work for themselves could technically be sponsored by their company, changing the definition of “US employer” and streamlining the process of obtaining an H-1B visa. Customarily, H-1B visas are only available through a job sponsor, but now, if the proposal goes through, a beneficiary may own a controlling interest in their sponsor’s company. This suggested change has the potential to make a substantial impact on those who have waited for a visa for years. How would the new H-1B rules make it easier for entrepreneurs? We have the details here.

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.

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.

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.

Using Compelling Circumstances to Get Your H-4 Dependents an EAD

August 8, 2023
There are many benefits to an H-1B visa, making it a highly sought-after document for foreign workers worldwide. One of these perks is the ability to bring your spouse and dependent children with you to the United States under an H-4 visa category. However, that label doesn’t give those individuals the immediate right to work, as you have. Instead, they must apply for an Employment Authorization Document (EAD), and there’s no guarantee that this application will be approved. You may need to use compelling circumstance arguments to get your H-4 dependents an EAD, and we’ll explain what those are in this short blog.

What Does Employment-Based Immigration: Second Preference EB-2 Mean?

August 2, 2023
Foreign nationals wishing to work in the United States can reach their goal through multiple ways, depending on their experience, education, and work history. Those with advanced degrees or their equivalent, or individuals who have exceptional abilities in their field, may be able to qualify for an employment-based, second preference visa. What does this category mean, and how can you tell if you qualify? We’ll explain the differences in sub-categories here.

The H-1B Application Deadline is Around the Corner: What You Should Be Doing

June 23, 2023
If you’re an employer with the intent of hiring foreign workers in the upcoming fiscal year, you should already be paying attention to the dates and deadlines of the H-1B visa category. This application process is cumbersome and time-consuming, with the initial important registration window having already closed on March 17, 2023. Registrants who were selected in the lottery process have 90 days to file their H-1B petitions, which means your deadline is likely June 30. What should you be doing before this date arrives? We have all the information here to get you ready.

Processing Times for H-1B Extensions Beyond 6 Years

June 22, 2023
The H-1B visa is one of the most sought-after work visas available. Although it’s challenging and costly to obtain this coveted document, that doesn’t stop millions of people from registering and petitioning for it. The advantages of having an H-1B visa are significant, ranging from family benefits to a green card path. It’s not surprising that once a beneficiary receives the visa, they don't want to give it up. However, the initial H-1B validity period is three years, with an optional three-year extension. What happens once you reach this six-year maximum? Well, if you know what you’re doing and work with an immigration expert, you may be able to extend your document beyond that period. Here, we will discuss the most essential things you need to know about an H-1B extension beyond six years and the processing time for this to happen.

How Laid-Off Tech H-1B Holders Are Staying in the US Legally

May 2, 2023
If you’ve paid attention to the immigration climate in the United States, you’ve heard about the massive layoffs in the tech sector. Many of these workers were H-1B visa holders who rely on steady employment to keep their legal status in the country. Per the H-1B visa’s terms, workers have 60 days to find another employer willing to sponsor their visa status, or they must return to their home country. But with so many people searching for work within similar industries, this is a challenging endeavor. However, a recent workaround may keep thousands of these laid-off tech workers in the US legally while they look for employment, even after their 60-day grace period ends by changing from an H-1B to a B-1 or B-2 visa.

What You Need to Know About E-Verify as an H-1B Employer

April 28, 2023
If you're an H-1B employer, you already know that hiring foreign workers comes with a unique set of challenges. One of those challenges is navigating the complex world of immigration laws.  With the recent changes to the H-1B visa program and increased scrutiny of immigration policies, understanding the ins and outs of the visa process is more important than ever. In this article, we'll walk you through everything you need to know about E-Verify as an H-1B employer, including how it works and the government’s plan to roll out E-Verify NextGen.
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