H1B Visa Lawyer Blog
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.
1) How long does it take to receive the PERM certification once the Labor is filed? According to the Department of Labor website, it is currently taking approximately 12 months to receive PERM certification once the Labor is submitted. https://flag.dol.gov/processingtimes
2) What is the USCIS filing fee for an asylum application? There is no filing fee to file Form I-589, Application for Asylum and for Withholding of Removal with the USCIS.
3) I have to travel to Bolivia for my Immigrant Visa interview. Can I complete my medical examination in the U.S.? No, you may not. Your medical examination must be conducted in Bolivia by a physician accredited by the U.S. embassy.
4) How long is it taking to get a final prevailing wage determination from the DOL? On average, 206+ days to receive a final prevailing wage determination back from the DOL after submission.
5) When will the H-1B CAP open for FY2025? The registration period for the H-1B CAP for FY2025, with employment to begin as of October 1, 2024, will likely open the first week of March 2024.
6) When does the CAP open for new H-1B cases? The H1B CAP Registration period for FY2025, with employment to begin as of October 1, 2024, will open the first week in March 2024.
7) Can my employer use the same prevailing wage determination issued for my H-1B, for my green card case to speed things up? No, the Department of Labor issues separate prevailing wage determinations for the H-1B program and the PERM/Green Card program. You may not use the prevailing wage obtained from the DOL for an H-1B filing, for a PERM/GC filing for recruitment purposes and vice versa.
8) How do I check to find out when my hearing is scheduled? If you have an Alien Number (A# followed by nine digits), you may call the Executive Office for Immigration Review (EOIR) at 1-800-898-7180 and follow the prompts.
9) Average wait for a Master Calendar hearing in Baltimore EOIR Immigration Court for recent arrivals at the Southern Border? Per our last consult with a recent arrival, their Master Calendar Hearing was scheduled with an Immigration Judge at the Baltimore, MD immigration court in February of 2025.
10) I heard the premium processing fee with USCIS is increasing but can’t find it listed anywhere. It is increasing? Yes it is. When is it increasing? Effective February 26, 2024. How much is it going to be? For H1B filings, from $2,500.00 to $2,805.00; For I-140 filings, from $2500.00 to $2,805.00; For I-539 filings from $1,750.00 to $1,965.00; For I-765 (certain F1 filings only) from $1500.00 to $1,685.00.
For more information see: https://www.federalregister.gov/documents/2023/12/28/2023-28529/adjustment-to-premium-processing-fees
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, February 2, 2024!
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