VISA2US Blog

Each country has its own requirements in place that determine how foreign individuals may enter and work within its borders. In the United States, visa categories like J-1 Exchange Visitors and H-1B Specialty Occupation Workers are popular. The two visas have certain similarities in which they overlap in qualifications, but overall, they are distinctly different. Keep reading to find out everything you need to know to understand J-1 versus H-1B visas.

The H-1B visa system is a popular avenue used by skilled foreign workers to expand their professional skills across borders and into the United States. While there are numerous benefits that come with this visa category, the downside to an H-1B is the need to wait for strict filing dates and hope that your registration is chosen in the random lottery, where a cap of 65,000 regular and 20,000 advanced registrants are selected to move forward and file a petition. But there’s a way around this limitation if you can find a cap-exempt employer, and those in the scholarly field often meet the conditions to do this quite naturally. Read on to find out if a scholar you know (or you yourself) can skip the lottery process and obtain an H-1B more easily.

Getting a green card is a dream for millions of foreign nationals worldwide, but the application process is challenging and time-consuming. It helps when you have multiple avenues open to you because then you can choose the category with the least wait time, but that’s not always possible. The National Interest Waiver is one of the shortest routes to permanent residency. However, proving to the US government that your skills and work are of the utmost national importance isn’t easy, regardless of your occupation. In this article, we’ll discuss how F-1 and J-1 scholars, postdocs, and researchers can optimize their chances of approval for this coveted NIW document.

The premise behind national interest waivers is that the applicant may be essential to the US government. Therefore, there’s a misconception surrounding this visa document that only scholars fit that criteria. However, the government recognizes that performing arts are essential to the overall economy and satisfaction of the country. Over the years, legislation has evolved to include performers as an area of specialization. How can a performer claim national interest? Read on to understand what’s required in these unique situations.

The H-1B visa encompasses a variety of “specialty occupations,” each one vital to the US economy in its own way. One of those categories includes scholars, but to be classified as a scholar by the United States Citizenship and Immigration Services (USCIS), a foreign worker must meet strict criteria. This guide reviews the key factors one should have to reach the threshold to obtain a scholarly H-1B visa.

The State Department has updated its guidance on categories of non-immigrant visas the agency will consider for interview waivers. The new policy is in effect until the end of 2022, meaning that waiving interviews for several international applicants is likely to become the norm as we approach the new year.

J-1 exchange visitors often have difficulties remaining in the U.S. and pursuing legal residence after graduate school. However, some options are available to aid in this process so exchange students can eventually become legal permanent residents.

While citizens from Mexico have a difficult time securing a family based visa to the U.S., there are also many other smaller, or middle income countries, where backlogs persist as well.

The NIW can also be awarded to applicants who are professional writers or novelists. In this category, it is important for the published works to have a certain cultural component that is beneficial to the U.S. national interest.

Your NIW application can meet the national interest burden of proof if your proposed endeavor is focused around American workers, improving workplace safety, or the occupational health of a certain workforce or industry.