Immigration Blog
Our blog is a source of latest immigration news, policy updates and trends for thousands of readers every month.
Why You May Benefit for a National Interest Waiver Depending on Your Occupation
Petitioning for a National Interest Waiver is a goal that brings with it copious benefits. If you’re up for the challenge, you may find the advantages you’ll receive make the complex paperwork and red tape worth every minute. However, these benefits vary based on factors like nationality and occupation. Here are certain things to consider as you determine whether a National Interest Waiver is right for your occupation.
Do You Need an EB-2, or Should You Go for an NIW?
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.
New USCIS Measures to Combat Fraud in H-1B Processing
FY2024 was a landmark year in H-1B lottery registrations. USCIS received the most it has ever had in history during the initial registration period, including those who qualified for the advanced degree exemption (master’s cap). But there was a downside to this landslide: The number of fraudulent petitions also exceeded historical records, and USCIS has taken this year as a learning experience, implementing new measures to combat fraud in the future.
Major Changes in the September Visa Bulletin
The Visa Bulletin, released monthly by the US Department of State, is read by those visa petitioners still awaiting their priority dates and forward movement for their green cards. Usually, this document is mostly predictable with the occasional surprising changes, but September 2023’s bulletin brings some major news that we’ll explain here.
Examples of Successful National Interest Waivers
A foreign national can legally enter the United States and apply for permanent residency in various ways. One of those methods is via the Employment-Based Second Preference visa, better known as the EB-2. However, the applicant must have a job offer from a qualified US-based employer willing to sponsor them for this visa — unless the individual has the skills, education, and assets to obtain a National Interest Waiver (NIW). What is an NIW, and what are some examples of successfully obtaining one? Read on to find out.
H-1B Workers and F-1 Student Regulations Under Review
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.
The Future of National Interest Waivers: Trends and Predictions
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.
Updates You Should Know When Filing an I-539 Change of Status
Nonimmigrants wishing to extend their visa’s validity period use Form I-539, Application to Extend/Change Nonimmigrant Status. This form is one of the most commonly filed, as it is used by students, visitors, and temporary workers. Generally, requesting an extension is simple, provided no significant changes have occurred. However, in the past, a biometrics requirement added extra time and expense to the application. Recently, USCIS announced changes to this requirement. How will that affect your I-539? We’ll explain here.
Pilot Program for H-1B Stamping Within the US Is On Track
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.
Merit-Based Immigration Versus Skill-Based Immigration
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.
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H-1B Visa
The H-1B visa provides the opportunity for foreign professionals to work in the United States. It allows employers to hire qualified foreign workers in the U.S.
O-1 Visa
An O-1 visa is designed to allow foreigners at the very top of the arts, sciences, sports, education, business, motion picture or television industries entry into the United States.
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