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.

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.

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.

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.

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.

If you’ve been paying attention to the immigration news in 2023, you’ve seen the problems that arose from this year’s H-1B random lottery selection. With so many allegations of fraud, it seemed like the United States Citizenship and Immigration Services would almost have to start the selection process over from scratch. While studies are still ongoing regarding the prevalence of fraudulent registrations and potential new registrants, many opponents of the system are arguing that the lottery is obsolete and should be replaced. What’s going on behind the scenes? We’ll give you the details here.

When you’re trying to obtain an H-1B visa, you must abide by specific beginning and ending dates, and these aren’t always optimal. This can be particularly concerning when you’re a student finishing your university program with a gap between your last day of school and your first day at your new job. Since this is relatively common, the United States Citizenship and Immigration Services (USCIS) has a process in place to streamline your H-1B petition and allow you to remain in the US with a cap gap extension.

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.

Foreign workers trying to navigate the field of visas to get into the United States are often faced with time-consuming and expensive challenges. One of the most sought-after visas, the H-1B category, includes a random lottery process and substantial paperwork full of rigorous requirements along with a limited annual cap. But Canada’s recent government changes in its immigration process open more individuals up to its country, which also serves to free up some H-1B allotments. What’s going on in Canada, and how does it affect you? Read on to find out more.

Foreign nationals enter the United States every year for various reasons, including work, tourism, and education. The visa they use to gain entry into the US depends on the reason for their visit. For international students, this is typically the F-1 status. However, only certain fields of study qualify for extensions that also permit work authorization. According to the latest updates from the Department of Homeland Security (DHS), there are eight new fields that fall under the STEM OPT degree and qualify for the two-year work authorization extension. We’ll break those fields down here.