Articles Posted in Work visas

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Launching or scaling a startup in the U.S. can be an exciting journey—but for many international founders, securing permanent residency is a critical step toward building a long-term future.

In 2025, entrepreneurs have several viable Green Card options designed to support innovation, attract global talent, and strengthen the startup ecosystem.

Whether you’re a founder, key employee, or investor, understanding these pathways can help you make informed immigration decisions that align with your business goals.

Here’s a clear breakdown of four Green Card options for startups in 2025—and how each can open the door to lasting opportunities in the U.S.

Option 1: EB-2 National Interest Waiver (NIW)

The EB-2 National Interest Waiver is one of the most popular Green Card pathways for startup founders and entrepreneurs.

Unlike many other employment-based visas, the NIW allows applicants to bypass the labor certification process and self-petition—meaning you don’t need a U.S. employer to sponsor you.

Instead, you must demonstrate that your work has substantial merit and national importance, that you’re well-positioned to advance your proposed endeavor, and that waiving the job offer requirement would benefit the U.S.

For startup founders, this often means showing how your company contributes to areas like technological innovation, economic growth, or job creation. Strong evidence—such as funding, traction, patents, or industry recognition—can strengthen your case.

In 2025, the NIW continues to be a flexible and founder-friendly route to permanent residency, making it an excellent option for entrepreneurs driving impactful ventures.

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On September 19, 2025, President Trump issued a presidential proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” announcing new changes to the H-1B visa program. The proclamation imposes a $100,000 fee on all new H-1B petitions filed after 12:01 a.m. EDT on September 21, 2025, but leaves open the possibility of applying for national interest exceptions for those impacted.

According to the proclamation, the goal is to prioritize highly skilled and highly paid foreign workers while curbing abuse of the H-1B visa program for specialty occupations. The measure is set to remain in effect for 12 months unless extended.

The timing and language of the proclamation has caused widespread confusion and concern among employers, as well as both current and prospective H-1B workers. In response, the White House and federal agencies issued follow-up explanations, which have left many questions unanswered and even contradicted the text of the proclamation.

Policy Memorandums

In a memo published the day after the proclamation, U.S. Citizenship and Immigration Services (USCIS) explained that the $100,000 fee applies only to new H-1B petitions filed after the September 21 effective date.

U.S. Customs and Border Protection (CBP) similarly posted on X: “President Trump’s updated H-1B visa requirement applies only to new, prospective petitions that have not yet been filed. Petitions submitted prior to September 21, 2025, are not affected.”

In a separate statement, the State Department said, “The Proclamation’s restrictions on visa issuance and entry apply only to aliens seeking visa issuance or entry into the United States based on H-1B petitions filed with USCIS after the Proclamation’s effective date of September 21, 2025, at 12:01 a.m. Eastern Daylight Time (EDT).”

To further clarify the proclamation’s impact, USCIS issued the following FAQs:

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In this video, attorney Jacob Sapochnick discusses new changes to the U.S. visa interview waiver policy announced by the State Department and what visa applicants need to know moving forward.

Effective September 2, 2025, the U.S. Department of State is making significant changes to the categories of applicants eligible for a nonimmigrant visa interview waiver. Under the new policy, most applicants, including children under 14 and seniors over 79, will generally be required to appear for an in-person interview with a U.S. consular officer—with a few notable exceptions.

These changes override the previous Interview Waiver Update issued on February 18, 2025, and will have wide-reaching implications for those planning to travel to the United States on a nonimmigrant visa.

Who May Qualify for an Interview Waiver After September 2nd?

Despite the overall tightening of interview requirements, some categories of applicants may still be eligible to skip the in-person interview, including:

  1. Certain Diplomatic and Official Visa Holders

Applicants under the following visa classes are exempt from the interview requirement:

  • A-1, A-2 (representatives of foreign governments)
  • C-3 (excluding attendants or personal staff)
  • G-1 through G-4 (representatives of international organizations)
  • NATO-1 through NATO-6
  • TECRO E-1 (Taipei Economic and Cultural Representative Office officials)
  1. Diplomatic or Official-Type Visa Applicants

Those applying for visas that support diplomatic or governmental missions may still be eligible for interview waivers.

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On July 15, 2025, U.S. Congresswoman Maria Elvira Salazar introduced the Dignity Act of 2025 known as H.R. 4393, a bipartisan immigration bill that aims to strengthen border security in the United States, provide certain undocumented immigrants with an opportunity to legalize their status, and reform the U.S. legal immigration system.

The bill is a revised version of the Dignity Act of 2023 and has been introduced in the House of Representatives.

In this video, attorney Jacob Sapochnick breaks down each section of the Dignity Act touching on the bill’s major goals such as:

  • Border Security and Enforcement
  • Reform of the Asylum System
  • Legalization for Dreamers and Other Undocumented Immigrants
  • Benefits for American Workers and
  • Modernizing Legal Immigration

Border Security and Enforcement

The bill’s first major goal is to decrease illegal immigration with several measures aimed at strengthening border security and immigration enforcement. The bill would mandate the nationwide implementation of E-Verify to ensure that only authorized individuals are employed in the U.S., helping to deter illegal immigration through the workforce.

U.S. employers would face civil penalties for knowingly hiring individuals who are not legally authorized to work in the United States, as well as new penalties for employees and employers who knowingly submit false information through E-Verify.

The bill also funds the construction and modernization of physical and technological border infrastructure, including surveillance systems and sensors to improve detection and response capabilities at the border. Approximately $10 billion would be distributed until 2030 for the construction and modernization of ports of entry. To promote accountability, the Act includes oversight requirements for immigration enforcement agencies like ICE. Together, these provisions are designed to improve border control, discourage unlawful entry, and restore public trust in the immigration system.

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On June 9, 2025, President Trump’s new travel ban took effect, blocking or limiting entry of nationals from 19 countries with limited exceptions. Framed as a national security measure, the order expands on his earlier bans, targeting nationals from countries with high visa overstay rates or those with limited cooperation with U.S. immigration enforcement.

Who is Impacted?

Full Suspension on 12 Country Nationals

Effective June 9th the travel ban suspends the entry of both immigrants and non-immigrants from 12 designated countries who are outside the United States and do not have a valid visa on the effective date of the proclamation, including Afghanistan, Burma, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.

However, several key exceptions apply for lawful permanent residents (LPRs), immediate family members of U.S. citizens, dual nationals, athletes and teams competing in major international sporting events such as the World Cup and the Olympics, and others (a full list of exceptions is provided below).

Partial Suspension on 7 Country Nationals

A separate provision of Trump’s travel ban also imposes heightened visa restrictions on nationals from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela who are outside of the United States and don’t hold a valid visa.

For individuals from these countries, entry into the U.S. is suspended for both immigrant and nonimmigrant travelers holding B-1, B-2, B-1/B-2, F, M, or J visas. Consular officers are directed to limit the validity of any other nonimmigrant visas issued to these nationals to the extent permitted by law.

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When it comes to applying for a U.S. work visa, one of the most important — and often overlooked — decisions you’ll make is where to schedule your visa interview.

While most applicants automatically default to the U.S. embassy or consulate in their home country, that may not always be the fastest or most convenient option.

With backlogs, varying appointment availability, and differences in approval rates, choosing the right embassy can make a big difference in how quickly and smoothly your application is processed.

In this post, we’ll walk you through the key factors to consider — from current wait times to local requirements — so you can strategically select the best location for your visa interview and increase your chances of success.

Overview

In this guide, we will specifically cover visa interview appointments for the E-2, L-1, and H-1B visa categories, which are among the most common U.S. work and investor visas. Choosing the right U.S. embassy or consulate for your interview is particularly important for these visas because not every Consulate is experienced in handling these types of cases.

The Busy Embassy Myth

One common belief among visa applicants is the “busy embassy myth” — a belief that a busy U.S. embassy will cause visa processing delays. In reality, a busy embassy can make your visa process much smoother because it means that the post processes a high volume of E visas, and L visas, increasing your likelihood of success because of the Consulate’s experience with those cases leading to a fair adjudication.

Many high-volume embassies, like those in Canada or Mexico City, have streamlined systems, experienced officers, and more frequent appointment openings. Meanwhile, smaller posts may have limited staffing, fewer appointment slots, or stricter documentation review. Instead of assuming a less slow location is better, applicants should look at actual wait times, local procedures, and chances of approval when selecting where to apply.

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Starting Wednesday, May 7th, anyone 18 years and older traveling domestically within the United States must have a REAL ID-compliant state-issued driver’s license or another accepted form of identification to board a commercial flight.

To learn more about the REAL ID, how to obtain one, and what alternative documents are accepted for travel, keep watching.

Who is Affected

  • Anyone 18 years and older boarding a flight in the United States

Including:

  • Lawful Permanent Residents (Green Card Holders)
  • Non-immigrant Visa Holders
  • Undocumented immigrants

What is a Real ID

A Real ID is a type of state-issued driver’s license or identification card that meets enhanced federal security standards established by Congress with the passage of the Real ID Act in 2005. It was created to improve the reliability of photo IDs and to prevent identity fraud.

At a Glance

  • A Real ID is a federally approved form of identification that includes additional security features compared to standard licenses.
  • It is required for boarding domestic commercial flights and contains a Real ID star marking on the top right.

How to Get One

  • Gather Required Documents: You’ll need to provide proof of identity (such as a birth certificate, Permanent Resident Card (Green Card), or foreign passport with valid U.S. visa and approved form I-94), proof of a Social Security number (such as your SSN card or paystub), and proof of your residency (two documents such as a Federal Tax Return, rental or lease agreement).
  • Application Process: With your documents in hand, visit your local Department of Motor Vehicles (or the equivalent issuing agency in your state), or check to see if you can complete your application online, and pay the applicable fees to receive a Real ID-compliant card.

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Are you a visa holder or permanent resident thinking of traveling overseas? Then, you won’t want to miss this important video, where we share our top 3 tips to smoothly re-enter the United States after temporary foreign travel for a safe and stress-free travel experience.

This information applies to:

  • Lawful Permanent Residents (Green card holders) and
  • Nonimmigrant Visa Holders

If you are a U.S. Citizen, do not worry as this information will not apply to you.

Overview

With the ongoing saga of detentions at U.S. ports of entry, and visa holders being questioned in secondary inspection, we can understand that re-entering the United States after traveling abroad can be a nerve-wracking experience, especially for green card holders and nonimmigrant visa holders.

Even with valid documentation, many travelers feel a sense of uncertainty as they prepare to face U.S. Customs and Border Protection (CBP) officers. Whether it’s your first time returning, or you’ve done it many times before, a little preparation can go a long way to ease your travel concerns under the Trump Administration.

In this post, we’ll share three practical tips to help reduce anxiety and make your return to the U.S. as smooth and stress-free as possible.

Although everyone’s situation is unique, these three tips can help you navigate U.S. Customs and Border Protection (CBP) with confidence.

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You have just learned that your work visa petition has been approved by the U.S. Citizenship and Immigration Services (USCIS). Now you are ready to attend your Consular visa interview bringing you one step closer to achieving your dream of working in the United States.

Unfortunately, receiving a USCIS approval notice does not guarantee the successful issuance of a visa by the U.S. Consulate. In fact, for some unlucky few that fail to pass their visa interview, the U.S. government can still revoke or cancel a petition that was previously approved by USCIS.

What can you do in this situation? Is this the end of the road? Learn everything you need to know about this important subject in this video.

Overview

Can the State Department revoke a work visa petition that was previously approved by USCIS?

Unfortunately, yes. After receiving an approval notice from USCIS, work visa applicants must still attend an in-person Consular interview to demonstrate their eligibility for the visa classification they are seeking. A Consular officer will question the applicant further to ensure they qualify for the visa and may request further evidence.

When a Consular visa interview goes south, not only can the visa application be denied, but the Consulate can also direct USCIS to revoke the underlying petition that was previously approved by the agency.

The petition revocation process begins when the State Department returns the application to USCIS along with the results of any investigation they have conducted.

Once USCIS has received the returned petition and the results of the investigation, they will issue a Notice of Intent to Revoke (NOIR) to the petitioner of the previously approved petition. The NOIR will include details about USCIS’ plans to revoke the underlying petition, as well as the discovery of new, derogatory information leading to the visa denial. A statement of facts underlying the revocation will be provided along with any evidence supporting the revocation.

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If you are planning to apply for a U.S. visa in 2025, you’ll want to pay close attention to new visa changes that may impact your travel plans.

In this video, attorney Jacob Sapochnick discusses new rules for nonimmigrant visa applicants starting in April and explains how you can prepare for these changes ahead of time.

The new rules are part of the Trump administration’s new policies to increase vetting and enhance the security screening of noncitizens seeking visas to travel to the United States.

To learn more about these new changes please keep on watching this video.

Overview

Since taking office, the Trump administration has been aggressively working to reduce U.S. legal immigration to the United States. New changes in the visa application process will hinder entry for those who are unprepared.

Beginning April 2025, the U.S. Department of State (DOS) will implement stricter regulations for nonimmigrant visa applicants, including a crucial requirement: your DS-160 barcode number must precisely match the one used to schedule your appointment. Even small errors could require you to complete a new DS-160 application.

This blog post summarizes the upcoming changes to help you avoid delays.

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