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.

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.

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.

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.

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.

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.

Walking You Through the Adjustment of Status Process From H-1B To Green Card

September 28, 2023
Foreign nationals who enter the US via the temporary visa route, like a work or student visa, often decide to stay permanently. They must apply for lawful permanent residency and obtain a green card to do this. Not all visas permit this path, but the H-1B category, also called a dual-intent visa, does, all without needing to leave the country. You just need to file an Adjustment of Status (AOS) and go through the green card process, and we’ll explain how to do that 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.
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