VISA2US Blog

Since the program was implemented by the US Congress in 1990, the EB-2 National Interest Waiver visa has consistently remained one of the most sought-after but challenging ways for foreign nationals to enter the country. This document is solely for those with advanced degrees or exceptional abilities who can demonstrate that giving them the waiver in exchange for their abilities and knowledge would be in the “national interest” of the US. What qualifies as “of interest” to the country doesn’t always stay the same, though, and with so many changes on the horizon, the trends and predictions of the future of National Interest Waivers are possibly changing, as we’ll discuss 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.

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.

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.

Immigration is historically a sensitive topic, and today’s attempts at reform are no different. The latest round of policy reformations include HR2, the Secure the Border Act of 2023. This controversial act has prompted groups like FAIR (Federation for American Immigration Reform) and many other public policy groups to write letters demanding HR2’s attachment to the federal government’s spending agreements after the end of this fiscal year. Will this act finally be passed? Read on to find out more.

America’s immigration policies are frequently tied to the political situation in the country at any given time. When those in charge of reformation and policies can’t come to an agreement, the resulting impasse may have serious consequences. That’s what we see playing out on the near horizon as the end of the fiscal year approaches. If Congress can’t agree on how to fund the federal government, a partial shutdown could happen, and the impact could be damaging to those awaiting immigration paperwork. We’ll explain what’s going on and what you should be doing to prepare for a potential government shutdown here.

Countless movies around the world hint at the realities behind getting a green card in the United States. But unless you’re in the system, filling out forms and waiting patiently for your particular dates to show up on the Visa Bulletin, you don’t understand the nuances and stresses involved. One company, the Cato Institute, wants to change this and ensure the general public learns about the difficulties that arise when you’re pursuing permanent residence through a green card as a foreign worker. Who is the Cato Institute, and what does their game include? We have that information here.

National Interest Waivers are a special kind of document that allows the foreign beneficiary to live and work in the US without a job sponsor. To qualify, the individual must prove that their skills and expertise make them of “national interest,” which can be a significant challenge. Many careers fall into this realm naturally, including those in STEM and healthcare fields. However, as an attorney, you can challenge the government with evidence that shows you, too, are crucial, and we’ll explain how to do that here.

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.

The United States immigration program regulations aren’t set in stone. In fact, they undergo revision regularly, with the current focus on a proposed pilot program designed to determine the future of E-Verify as mandatory or optional. Currently, some states require employers to use this remote system to verify employment eligibility. But those that don’t still need a way to verify documents. The Department of Homeland Security has suggested remote I-9 document inspections for employers with 500 or fewer workers. If you are interested in expressing your thoughts on this proposal, you have until October 2, 2023, to do so. Keep reading to find out how this works.