VISA2US Blog

Part of the visa application process includes verifying your identity. For initial visas like the H-1B category and for green cards, that includes a biometrics screening. While it might sound like advanced artificial intelligence, this is simply an appointment during which the United States Citizenship and Immigration Services (USCIS) collects a record of your fingerprints and takes a picture of you to cross-reference the information with the FBI database and the Department of Homeland Security. Provided you don’t have a criminal record or any run-ins with the immigration department, this is a simple step. What should you know before you go to prepare for your biometrics appointment? We’ll give you the 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.

If you’ve been paying attention to the H-1B visa petitions this year, you’ve seen the headlines about the record-setting FY 2024 lottery numbers. However, US Citizenship and Immigration Services attributes this high number to fraudulent attempts of registering multiple registrations of the same individuals. This significant issue heavily impacted the lottery system this year, causing USCIS to review and reform registration processes. But since new data shows that more than 75% of H-1B registrations amongst the individually filed petitions would’ve been rejected anyway, a deeper problem runs through this system. How is USCIS addressing the visible issues from FY 2024’s lottery? Read on to find out.

The National Interest Waiver (NIW) is a valuable opportunity for foreign nationals who wish to work and reside in the United States without enduring the traditional route of employer sponsorship. An NIW allows certain qualified foreigners to bypass the standard Labor Certification requirement in obtaining a green card. It is designed for those who possess exceptional ability in their field and whose work benefits the nation's interests. Unfortunately, misconceptions surrounding the waiver often lead to confusion and unrealistic expectations. This blog post will debunk six common myths to help you understand whether you qualify for an NIW.

Obtaining a visa to work and live in the United States is challenging, especially if you intend to file for permanent residency once you’re settled into your new country. The process is quite lengthy and can take years (or even decades) for some people, depending on their situation. But if you qualify for a National Interest Waiver, much of this wait time and headache is eliminated. The key to successfully receiving this coveted document is to pass the US government’s three-prong method, and we’ll explain what that includes here.

FY2024 was a landmark year in H-1B lottery registrations. USCIS received the most it has ever had in history during the initial registration period, including those who qualified for the advanced degree exemption (master’s cap). But there was a downside to this landslide: The number of fraudulent petitions also exceeded historical records, and USCIS has taken this year as a learning experience, implementing new measures to combat fraud in the future.

Petitioning for an employment-based green card typically requires a sponsor. Applicants on a general path to this target can’t petition for themselves. The process includes receiving job offers and perm labor certification approvals, as well as completing various other forms and awaiting approval. But if you qualify, you can avoid these delays and sponsor yourself under a National Interest Waiver (NIW), which may cut down the processing time for your green card significantly.

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.

Visa applicants can re-apply for a visa to the United States, but they should be aware of why they were ineligible in the first place.

RFEs can be intentionally vague. Make sure you either contact an immigration attorney for an appropriate RFE response or be prepared to peruse your application for items you might have missed.