News & Analysis as of

Immigration Procedures National Interest Waiver Foreign Nationals

Shipman & Goodwin LLP

U.S. Department of State Provides Limited Guidance on National Interest Exception for Visa Issuance

Shipman & Goodwin LLP on

On June 9, 2025, restrictions on travel to the U.S. went into effect via Presidential Proclamation, impacting certain citizens of 19 different countries. Those impacted by the Proclamation can still submit visa applications...more

Clark Hill PLC

USCIS Policy Manual Update and Recent Trends in EB-2 National Interest Waiver Adjudications

Clark Hill PLC on

The National Interest Waiver (“NIW”) is a streamlined pathway to permanent residence for foreign nationals whose current or prospective work is in the national interest and therefore merits a waiver of the labor certification...more

Jackson Lewis P.C.

Navigating Change: What Updated USCIS Guidance on EB-2 National Interest Waiver Means for Petitioners

Jackson Lewis P.C. on

The U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance on Jan. 15, 2025, to clarify how it will evaluate candidates’ eligibility for second preference employment based (EB-2) immigrant visa with a...more

Seyfarth Shaw LLP

National Interest Waiver (NIW) as a Viable Alternative to a Traditional Employment-based Green Card

Seyfarth Shaw LLP on

In an era of increasing global competition for highly skilled professionals, U.S. employers often face challenges in recruiting and retaining top talent. The National Interest Waiver (NIW) is a special provision under the...more

Seyfarth Shaw LLP

Diversity Visa Lottery: A Guide for U.S. Employers

Seyfarth Shaw LLP on

The Diversity Visa (DV) Lottery program, administered by the U.S. Department of State, allocates up to 55,000 immigrant visas annually through a random selection process from countries with low rates of immigration to the...more

Dinsmore & Shohl LLP

Understanding National Interest Waivers: A Strategic Route Worth Consideration

Dinsmore & Shohl LLP on

The National Interest Waiver (“NIW”) is a special provision within the EB-2 employment-based immigration category that allows individuals to bypass the usual labor certification process (“PERM”) required for most...more

Akerman LLP - HR Defense

Wired For Success: How Recent Development in the Semiconductor Industry Can Shape Immigration Programs

America runs on semiconductors, also known informally as chips. Chips are integral to the cars we drive, the planes we fly, the systems that defend our country, and the computers that every single industry, from manufacturing...more

Dickinson Wright

3 Tips for a Successful National Interest Waiver Petition for the STEM Worker

Dickinson Wright on

The U.S. immigration system poses significant hurdles for foreign nationals seeking employment within the United States. With few exceptions, employer sponsorship is generally required. For many, the sole avenue to obtain...more

Harris Beach Murtha PLLC

U.S. Citizenship and Immigration Services Updates National Interest Waiver Guidelines for Advanced STEM Degree Holders

United States Citizenship and Immigration Services (“USCIS”) has issued updated guidance on the adjudication of National Interest Waivers (“NIW”) for petitioners holding advanced degrees in science, technology, engineering...more

Quarles & Brady LLP

New USCIS Benefit for Employers and Their Foreign National Employees with Family Members

Quarles & Brady LLP on

A recent settlement with the class action lawsuit Edakunni v. Mayorkas now requires U.S. Citizenship & Immigration Services (USCIS) to review I-539 (status) and I-765 (work) applications for spouses and minor children of H-1B...more

Cozen O'Connor

USCIS Announces Final Phase of Premium Processing Expansion

Cozen O'Connor on

On Thursday, January 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced it is implementing the final phase of its planned premium processing expansion for Form I-140, Immigrant Petition for Alien Workers,...more

Quarles & Brady LLP

Impact and Timing of the DHS Final Rule to Expand Premium Processing

Quarles & Brady LLP on

Today, March 30, 2022, the Department of Homeland Security (DHS) published a final rule expanding premium processing for multinational managers, advanced degree holders seeking a national interest waiver, nonimmigrant...more

Gibney Anthony & Flaherty, LLP

Biden Administration Plans to Lift Regional COVID-19 Travel Bans and Replace with Global Vaccination Requirement for International...

The American Immigration Lawyers Association and various news outlets are reporting that, effective early November 2021, the Biden administration intends to: - Rescind the regional COVID-19 travel bans restricting travel...more

Burr & Forman

Construction and Real Estate E-Note - August 2021

Burr & Forman on

Resources - Federal Regulators Taking Aim at Anti-Competitive Employment Practices - Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training. ...more

Stinson LLP

Department of State Retroactively Extends National Interest Exception Validity to 12 Months

Stinson LLP on

On July 6, 2021, the U.S. Department of State announced that National Interest Exceptions (NIEs) to presidential proclamations 9984, 9992, 10143 and 10199 will now be valid for 12 months from the date of approval and allow...more

Gibney Anthony & Flaherty, LLP

State Department Extends Validity of National Interest Exceptions

The U.S. Department of State has extended the validity of National Interest Exceptions (NIEs) for travelers from China, Iran, India, Brazil, South Africa, the Schengen Area, Ireland and the United Kingdom whose admission to...more

Mintz - Immigration Viewpoints

U.S. Department of State Issues More Revisions to National Interest Exceptions to COVID-19 Travel Bans

On June 1, 2021, the U.S. Department of State (DOS) issued further guidance on eligibility for National Interest Exceptions (NIEs) to the travel bans from the Schengen Area of the EU, the U.K., Ireland, China, Iran, Brazil,...more

Littler

U.S. Department of State Announces More Flexible National Interest Exemptions for Students and Academic Travelers

Littler on

On April 26, 2021, the U.S. Department of State issued updated guidance on “National Interest Exceptions for Certain Travelers from China, Iran, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland,” which should...more

Burr & Forman

Presidential Proclamation Restricting the Issuance of Certain H, J, and L Visas Expires

Burr & Forman on

On June 22, 2020, the Trump Administration announced Presidential Proclamation 10052 (“PP 10052”), which suspended the issuance of many H, J, and L visas at U.S. Embassies and Consulates. The ban was originally set to expire...more

Burr & Forman

Travel Ban and National Interest Exception (NIE) Update: Changing Standards

Burr & Forman on

On January 25, 2021, Presidential Proclamation (PP) 10143 extended PP 9993, which had suspended certain travel from those physically present in the Schengen Area and other countries since March 2020.  PP 10143 restricts entry...more

Morgan Lewis

US Department of State Exempts F-1 and M-1 Students from Certain COVID-19 Travel Bans

Morgan Lewis on

The US Department of State announced on February 10 that students possessing valid F-1 and M-1 visas who are seeking admission to the United States from the Schengen area countries, the United Kingdom, and Ireland no longer...more

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