Q&A Forum

April 4, 2025

MVP “Immigration Q & A Forum” – 4/4/25

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

I was not chosen in the lottery process for FY2026 with H-1B employment to start 10/01/2025. My current OPT expires in July 2025. I graduated with a master’s degree in computer science. What are my options?

Generally, a U.S. degree in Computer Science would be classified as a STEM degree. You should consult your Designated School Official (DSO) and carefully review your I-20 form against the ICE STEM Degree Field list to determine if you are eligible for a STEM OPT. A STEM OPT would provide an additional 24 months of work authorization allowing you additional opportunities to submit a registration under the H-1B CAP registration process. To qualify for STEM OPT, your employer would need to be enrolled in E-Verify and also willing to enter into a Training Agreement with you.

March 31, 2025

MVP “Immigration Q & A Forum” – This Friday, April 4, 2025

by Kellie N. Lego

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, April 4, 2025. Act now and submit your questions!

March 21, 2025

MVP “Immigration Q & A Forum” – 3/21/25

by Kellie N. Lego

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

What is this new Registration requirement? The Department of Homeland Security (DHS) has provided notice that there will be a Registration requirement for anyone in the United States who remains for a period of more than 30 days. The last time this Registration process was utilized was immediately after 9/11. The statutory basis for registration and fingerprinting comes from The Alien Registration of Act of 1940. This registration requirement will not result in a path to citizenship, nor will it lead to any immigration benefit. This Registration requirement will be used for enforcement purposes only.

When do we need to register? You do not need to register until the registration process goes into effect on April 11, 2025. Until that time, you do not have any obligation or duty to file a registration form, nor do you have an obligation or duty to set up an online USCIS account. The registration process is not currently LIVE, meaning you SHOULD NOT be submitting anything to the USCIS concerning the registration process until the process becomes LIVE on 4/11/2025. No one should be creating a USCIS account nor registering with the USCIS at this time.

March 17, 2025

MVP “Immigration Q & A Forum” – This Friday, March 21, 2025

by Kellie N. Lego

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, March 21, 2025. Act now and submit your questions!

March 7, 2025

MVP “Immigration Q & A Forum” – 3/7/25

by Kellie N. Lego

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

I saw something about if my H-1B is denied, the USCIS could issue an NTA, is this true? It is possible if several conditions are met. On February 28, 2025, USCIS issued a Policy Memorandum entitled: Issuance of Notice to Appear (NTAs) in Cases involving Inadmissible and Deportable Aliens. A Notice to Appear is the charging document that instructs an individual to appear before an Immigration Judge at a certain time on a certain date. For beneficiaries of certain employment based petitions, USCIS will issue an NTA where: (1) the decision on the petition is unfavorable; (2) the beneficiary is not lawfully present in the United States or is otherwise removable; and (3) The beneficiary is the signatory on the Petition for Nonimmigrant Worker (Form I-129). Source: https://www.uscis.gov/sites/default/files/document/policy-alerts/NTA_Policy_FINAL_2.28.25_FINAL.pdf

What can I do to make my case more likely to be selected in the H-1B CAP registration process? Nothing. It is a random lottery selection process. When completing the H-1B CAP registration, an employer is only entering the following information on a prospective candidate: (1) Name; (2) Gender; (3) Date of Birth; (4) Country of Birth; (5) Country of Nationality; (6) Passport number; (7) Passport expiration date; (8) Country of Issuance; (9) Yes or No, to if the candidate has obtained a U.S. Master’s degree or higher. There is nothing that you can submit or do to make your case more likely to be selected.

March 3, 2025

MVP “Immigration Q & A Forum” – This Friday, March 7, 2025

by Kellie N. Lego

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, March 7, 2025. Act now and submit your questions!

February 21, 2025

MVP “Immigration Q & A Forum” – 2/21/25

by Kellie N. Lego

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

What are the current processing times for prevailing wage determinations from Department of Labor (DOL)? As of 02/01/2025, per the DOL website, they are currently issuing final prevailing wage determinations for initial prevailing wage requests filed in July 2024. On average, we are seeing final prevailing wage determinations issued within 189 – 209 days. On February 13, we received a final prevailing wage determination for a request filed on August 9, 2024.

What are the current processing times for the PERM/ETA Form 9089 (Labor Certification Application) from Department of Labor (DOL)? As of 02/01/2025, per the DOL website, they are currently issuing certified Labor Applications for initial Form ETA 9089 filed on or before October 2023. On average, we are seeing certified Labor Applications issued within 15-17 months, without audit. On December 3, 2024, we received a certified Labor for a PERM/ETA Form 9089 filed in August of 2023.

February 18, 2025

MVP “Immigration Q & A Forum” – This Friday, February 21, 2025

by Kellie N. Lego

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, February 21, 2025. Act now and submit your questions!

February 7, 2025

MVP “Immigration Q & A Forum” – 2/7/25

by Kellie N. Lego

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

How old do I need to be to apply for Naturalization? You must be at least 18 years old to qualify for Naturalization AND you must meet ALL other eligibility requirements. The USCIS has published a helpful brochure, 10 Steps to Naturalization – Understanding the Process of Becoming a U.S. Citizen found here: https://www.uscis.gov/sites/default/files/document/brochures/M-1051.pdf
I was offered a specialty occupation with a non-profit organization, and I appear to be eligible for an H-1B; however, the Lawyer I spoke with told me that the organization does not appear to be eligible to file an H-1B CAP exempt petition with the USCIS. The lawyer did not explain any further. What is the issue? Only certain organizations are eligible to file a CAP EXEMPT H-1B petition with the USCIS. Not every non-profit organization will be eligible to file an H-1B CAP EXEMPT petition. CAP EXEMPT organizations include: Institutions of Higher Education; Nonprofit Organizations Affiliated with Institutions of Higher Education; Government Research Organizations, and Nonprofit Research Organizations focused on applied or basic research.

February 3, 2025

MVP “Immigration Q & A Forum” – This Friday, February 7, 2025

by Kellie N. Lego

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, February 7, 2025. Act now and submit your questions!