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.

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.

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.

For decades, the United States has had a reputation of striving to be the best of the best. In the 21st century, this definition often comes hand in hand with creating innovative, cutting-edge technology. But the immigration policy is restrictive and challenging, making it difficult to land the top talent while awaiting H-1B lottery policies and other obstacles. However, if you qualify for a National Interest Waiver, your job in the STEM field could help you skip the long wait and obtain a visa that propels you to the front of the line of foreign workers entering the US.

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.