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.

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.

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.

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.

With a valid H-1B visa, you have many of the same rights and privileges as a native US citizen for three years (with an optional three-year extension). During that time, you are allowed to live and work in the US, receiving the agreed-upon salary covered in the terms of your visa. But with those privileges comes responsibilities, including the requirement to pay taxes. How do you know what taxes you must file as an H-1B holder? We have that information here in this guide.

One of the most popular work visas, the H-1B, has always had strict requirements to get and keep its validity. But now, the Department of Homeland Security (DHS) is trying to amend some of these requirements and oversight. The proposed rule affects H-1B specialty occupation employees and F-1 students who have filed H-1B Cap Subject Petitions. What does this rule include, and how might it affect you? We’ll break it down here.

When you employ foreign workers (or you are the employee), particularly with H-1B visa holders, the terms “E-Verify” and “H-1B portability” often show up. While neither is universal, they are essential in certain aspects of the immigration world. What do these terms mean, and how are they related? We’ll explain those answers here.

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.

It’s unsurprising that the current legislation advocates for change to the immigration system, particularly regarding the H-1B visa. With all the problems that made headlines in 2023, it’s apparent to anyone who pays attention to immigration that an underlying issue must be addressed. One possible solution to alleviate some of the backlog of family- and employment-based green cards is to move the filing dates in the Visa Bulletin forward. How would this benefit current and future H-1B workers? Read on to find out.

With the most recent Visa Bulletin released and the start of the new federal fiscal year in place, you’re seeing the terms H-1B Visa, EB-2 Green Card transfer, and Visa Bulletin everywhere in immigration headlines. What do these terms refer to, and how are they related? We’ll explain what you need to know here.