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.

Recent proposed changes to the traditional H-1B visa program have entrepreneurs sitting up and taking notes. Now, those looking to work for themselves could technically be sponsored by their company, changing the definition of “US employer” and streamlining the process of obtaining an H-1B visa. Customarily, H-1B visas are only available through a job sponsor, but now, if the proposal goes through, a beneficiary may own a controlling interest in their sponsor’s company. This suggested change has the potential to make a substantial impact on those who have waited for a visa for years. How would the new H-1B rules make it easier for entrepreneurs? We have the details here.

For foreign nationals on a green card path, the wait can be long and arduous. However, if you qualify for an EB-2 National Interest Waiver, the application process is simplified, and the road to permanent resident status is shortened. The only obstacle is that you must qualify using the three prongs of the National Interest Waiver under US immigration law. What are they, and how can you prove that you qualify? We’ll dive deep into them here.

Finding a job you’ll be satisfied with takes on a new meaning when you’re a foreign worker heading to a new country. While getting the job offer is important, how do you know if you’ll want to stay at that place of employment for the length of your work visa? However, once you sign the terms and conditions of a visa like an H-1B, you’re tied to that particular job sponsor unless you transfer your visa to another company willing to become your new sponsor. The key is to do your research and only accept a job with a company that has a solid reputation for high employee satisfaction. Here, we’ll discuss some of the top companies in the US known for employer awareness of wellbeing.

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.

When you’re a foreign national living in the United States, you need permission from the government to obtain work legally. This is given via an EAD or an Employment Authorization Document. Work authorization is the proof an employer needs to hire you, but it isn’t always given to immigrants or foreign nationals. If you’re waiting for a National Interest Waiver or are on another path to a Green Card, and you already have work authorization, keeping it is a precarious thing. Here, we’ll delve into everything you need to know to get or maintain your EAD when you’re waiting for an NIW or Green Card.

Earlier this year, we reported the release of a pilot program that would permit those in the US who need their H-1B visa stamp renewed to do so without leaving the country. While those domestic visa renewals have been delayed, there’s reason to believe it is back on track. Recently, Indian professionals were excited to hear the news directly from Eric Garcetti, India’s US Ambassador, that this renewal process would simplify visas for those in the H and L categories. What’s on the agenda for this release? Keep reading to find out.

American citizens and those affiliated with them via business, like foreign workers, held a collective breath as the days counted down to October 1 and a potential fiscal year government shutdown. If the two parties couldn’t come to a spending agreement, there would be an impasse and a federal spending moratorium until they did. Thanks to the last-minute short-term spending bill by President Biden, life in the government checkbook went on as normal — at least until November 17. With this new deadline on the horizon, the federal budget remains in dispute, and those holding an H-1B visa must act fast to keep it safe. We’ll explain why and what this means for immigration here.

It seems like navigating a potential government shutdown is a regular part of fiscal year changes anymore. While this year’s was avoided with a last-minute deal between the two parties, conflicting values in the US government point toward an actual shutdown sooner rather than later. What would happen to the immigration system if the Democrats and Republicans can’t agree on how to fund spending? Each agency has a contingency plan in place, and we’ll explain them here.

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.