VISA2US Blog

The National Interest Waiver (NIW) is part of the United States EB-2 employment-based visa petition. It’s designed for those with advanced degrees or exceptional abilities that could benefit the national interest of the US. It’s a highly sought-after visa because once the applicant is approved, they become a lawful permanent resident of the country. However, it’s not easy to qualify. Here are the details you must know before you apply for an NIW.

An NIW, or National Interest Waiver, is part of the EB-2 category, used when an applicant wishes to obtain a green card in the US. This second-preference employment-based visa opportunity eliminates the requirement of other work visas: the beneficiary does not need a job offer in order to qualify for an NIW. But to balance this exception, there are many other substantial factors that must be met before someone is approved for the waiver, and it can be confusing to navigate the NIW process. Here are some of the typical frequently asked questions and their answers regarding the EB-2 National Interest Waiver.

The National Interest Waiver program benefits those wishing to enter the United States without a sponsored job offer. Once there, they can take the Green Card path to permanent residency — provided it’s in the nation’s best interest to approve this waiver. However, recent changes make this challenging process a little more accessible to certain categories of people. What are these adaptations, and will they benefit you? Read on to find out.

Obtaining a green card is a challenging endeavor. Most people use this path to US residency when they have a family member sponsoring them or a job offer from an employer willing to support their green card journey. But if neither of those options applies to you, you could qualify for a national interest waiver. What is this document, and what are the qualifications for foreign nationals? We have everything you need to know right here!

The H-1B visa is designed for skilled foreign workers to fill vacancies in the United States. When a US employer can’t find an employee with the qualifications to do the job or one willing to fill that role, the employer can reach out to foreign nationals and extend a job offer. The fees those employers pay are used in part to create training programs for Americans to prepare them for high-skilled jobs.  While foreign nationals aren’t eligible for these training sessions, understanding what goes into them can help you prepare your resume if you want to qualify for an H-1B visa in the future. 

There’s no denying that the H-1B visa is arguably the most popular category on the market. But with many more petitioners than visas allocated, it’s also very difficult to obtain. This year’s lottery, FY 2024, saw the largest influx of registrations in history, but the US Citizenship and Immigration Services can only provide 85,000 visas. If you weren’t one of the chosen few, you still have options, as we’ll discuss here.

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.

H-1B visas are highly sought-after work documents that allow the holder to enter the United States legally, find housing, and gain employment temporarily. It’s a dual-intent document, so once the holder is in the US, they have permission to start the steps to obtain permanent resident status through a Green Card. Because they also allow the beneficiary’s immediate dependents to move with them, it’s easy to see why this visa category is exceedingly popular with foreign workers around the world. However, recent polls show that one of the countries dominating the H-1B requests is China, and they’re willing to get into the US legally or illegally.

The demand for US Citizenship and Immigration Services to deplete its backlog of applications has reached the ears of the government, and a solution may be at hand. Recently, USCIS began staffing a new virtual service center where humanitarian immigration applications will be processed. These applications include visas for individuals and families of domestic violence and crimes, and removing them from the general caseload will speed up urgent applications and reduce wait time for others.

In each immigration visa program, there is a maximum number of documents allowed annually. Generally, more people apply for visas than the capped amount, and those who don’t receive them must wait until the next year to reapply. However, since 1992, many employment-based green cards have remained unused, with H-1B visa holders finding other ways to obtain their permanent resident status. Now, a bipartisan bill could recapture those cards and exempt them from the per-country cap, opening up more H-1B applicants to achieve their career goals in the US.