VISA2US Blog

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.

Nonimmigrants wishing to extend their visa’s validity period use Form I-539, Application to Extend/Change Nonimmigrant Status. This form is one of the most commonly filed, as it is used by students, visitors, and temporary workers. Generally, requesting an extension is simple, provided no significant changes have occurred. However, in the past, a biometrics requirement added extra time and expense to the application. Recently, USCIS announced changes to this requirement. How will that affect your I-539? We’ll explain here.

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.

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.

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.

As the dramatic saga of Fiscal Year 2023 comes to its official close, those unable to secure an H-1B visa begin to look toward FY 2024 with hope. Still others, like you, may not have a sponsor yet but are actively searching for related companies in their industry. The good news is there is still time! Next year’s registration period won’t begin until March or April. However, you don’t want to wait until the last minute to find a sponsor. If you’re not sure where to start, use this guide to help you connect with a qualifying United States employer who will handle your H-1B visa in FY 2024.

Receiving an H-1B visa is an impressive accomplishment when you’re a foreign worker with the goal of working in the United States. Not everyone who pursues this path is able to navigate it successfully, but you did. However, once it’s in your hands (and in the USCIS system), that doesn’t mean it’s guaranteed. There are certain situations in which the government can revoke an approved request, petition, or application. Called a NOIR (Notice of Intent to Revoke), this action isn’t something you want to happen to your visa. Keep reading to understand how to prevent or learn how to handle the steps after receiving a NOIR.

National Interest Waivers are an ideal way for individuals to skip the job sponsor requirement of a foreign work visa. However, qualifying for these coveted documents can be challenging as you must meet rigorous criteria.

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.

The premise behind national interest waivers is that the applicant may be essential to the US government. Therefore, there’s a misconception surrounding this visa document that only scholars fit that criteria. However, the government recognizes that performing arts are essential to the overall economy and satisfaction of the country. Over the years, legislation has evolved to include performers as an area of specialization. How can a performer claim national interest? Read on to understand what’s required in these unique situations.