VISA2US Blog

American citizens and those affiliated with them via business, like foreign workers, held a collective breath as the days counted down to October 1 and a potential fiscal year government shutdown. If the two parties couldn’t come to a spending agreement, there would be an impasse and a federal spending moratorium until they did. Thanks to the last-minute short-term spending bill by President Biden, life in the government checkbook went on as normal — at least until November 17. With this new deadline on the horizon, the federal budget remains in dispute, and those holding an H-1B visa must act fast to keep it safe. We’ll explain why and what this means for immigration here.

One of the most popular work visas, the H-1B, has always had strict requirements to get and keep its validity. But now, the Department of Homeland Security (DHS) is trying to amend some of these requirements and oversight. The proposed rule affects H-1B specialty occupation employees and F-1 students who have filed H-1B Cap Subject Petitions. What does this rule include, and how might it affect you? We’ll break it down here.

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 Now, presidential hopeful Vivek Ramaswamy is promising to overhaul the H-1B visa program, replacing the outdated system with a more fair process.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.

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.

By now, you’ve heard of the unusual circumstances surrounding the H-1B lottery for FY 2024. The H-1B visa program is a vital part of the labor force in the United States and foreign countries. It was designed to ensure businesses in industries like science, technology, engineering, mathematics, healthcare, and education could fill essential positions requiring skilled workers. However, the program runs under a “cap” imposed decades ago by Congress, resulting in the creation of a random lottery that is intended to give every registrant an equal chance at selection. But the past two years have increasingly shown more attempts at fraud and a need for an overhaul of the H-1B policy. Let’s take a look at 2022 versus 2023’s H-1B petition analysis here.

In early 2022, news hit the aviation world that foreign pilots could qualify for the United States National Interest Waivers. That information prompted hundreds of thousands of commercial pilots to petition for waivers, spending large amounts of money on legal fees and hoping their time and financial expenses would pay off. But many of these cases were rejected. What’s the truth behind NIW visas and commercial pilots? We explain the difference between successful and rejected petitions here.

Moving to the United States, temporarily or permanently, is a goal for millions worldwide. One way to do this is to obtain a work visa that allows the beneficiary to live and reside in the country for limited periods. Two of the most popular work visas are the H-1B and the EB-2. However, both of these employment-based green card avenues have long, cumbersome processes with no guarantee of success. On the other hand, a National Interest Waiver, which is a step up from the EB-2, lets the holder skip the wait and head to the front of the green card queue. Which of these avenues is best for you? Read on to learn the differences between an EB-2 and an NIW.

When you file for an H-1B visa, the process includes various levels of detailed paperwork and essential documentation. Each box must be answered correctly, each line must be filled in accurately, and every aspect of your claims must be backed with the appropriate documentation included. When USCIS receives your paperwork, if any claim submissions are missing enough supporting evidence, they may return your petition with an RFE — Request for Evidence. What happens next depends on the reason for the request, and we'll break those down here.

There is more than one path to a United States green card, but all of them are complex and time-consuming. When you qualify for a National Interest Waiver, you can cut down part of that wait by skipping job offers from a qualified employer, labor certification approval, and petitions. How long does it take to process an NIW from start to finish? We’ll break it down here.

If you’re considering entering or remaining in the United States under a work visa in the EB category, you have two main pathways: the EB-2 or the EB-2 national interest waiver. There are substantial benefits and drawbacks to both of these work documents, and it’s important for you to understand the fine print of each before you choose your next steps. Here, we’ll cover the differences between the two and help you decide which one is right for your journey.