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

1. 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.

2. 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.

3. What does expedited removal mean? Expedited removal means that you can be removed from the United States without a hearing before an Immigration Judge, if you entered the United States without proper documentation or tried to enter through fraud or misrepresentation, subject to certain exceptions for those that express fear of persecution, torture or of returning to their home country (Asylum).  Expedited removal has historically been limited to those found within 100 miles of the border and within 14 days of entry. The current administration has expanded the reach of expedited removal to deport noncitizens who have been in the United States for less than 2 years and found anywhere within the United States. For more information, please visit:

https://crsreports.congress.gov/product/pdf/LSB/LSB11265#:~:text=The%20order%20would%20potentially%20make,admission%20through%20fraud%20or%20misrepresentation.

4. When will the H-1B CAP registration period open? Close? The electronic H-1B CAP registration process for Fiscal Year 2026 will open on Friday, March 7^th at NOON (est.). The electronic H-1B CAP registration process for Fiscal Year 2026 will close on Monday, March 24^th at NOON (est.). The H-1B CAP registration cost per candidate has increased from $10.00 to $215.00 per registration. The USCIS is expected to bring in millions of dollars with this H1B CAP registration period based on average registration numbers of 350,000+.

For more information on the H-1B CAP electronic registration process see  https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process. To schedule a consultation with our firm to discuss the process and how we can assist, give us a call at 240.390.0600 or send us an email at https://www.mvplawgroup.com/contact.

5. What are the educational requirements to be eligible for an H-1B nonimmigrant specialty occupation visa? To qualify for the H-1B nonimmigrant specialty occupation visa , you must have: (1) earned a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited university or college; (2) earned a foreign degree that is the equivalent of a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited university or college; (3) have completed education, specialized training, and/or progressive experience that is equivalent to the completion of a U.S. bachelor’s or higher degree required by the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty occupation.* 

The USCIS generally accepts a 3 to 1 rule, meaning three (3) years of progressive experience is equivalent to (one) 1 year of education. Accordingly, a combination of formal education, and progressive, relevant experience can generally be equated to be the equivalent of a U.S. bachelor’s or higher degree required by the specialty occupation.

To schedule a consultation with our firm to discuss the eligibility requirements for the H-1B visa and how we can assist, give us a call at 240.390.0600 or send us an email at https://www.mvplawgroup.com/contact.

6. Is the USCIS still concurrently processing H4/H4 EAD requests filed with the H-1B in premium processing? Under the Eadkunni v. Mayorkas settlement agreement (2023), the USCIS was required to simultaneously adjudicate a properly filed H4 application if concurrently filed with a properly filed H-1B petition in regular or premium processing. Unfortunately, the terms of the 2 year settlement agreement expired on January 18, 2025. As of February 18, 2025, we received notification from the USCIS that a properly filed H4 petition and H4 EAD petition were simultaneously processed and approved with the properly filed H-1B petition filed with premium processing. This was certainly a positive outcome for our client; however, it is unclear whether the USCIS will use their discretion agency wide to continue to simultaneously adjudicate these types of concurrently filed cases.

7. What forms are required to be filed for a concurrent I-130/I-485 based on marriage? The required forms to be filed with the USCIS based on marriage are: Form I-130, Form I-130A; Form I-485, and Form I-864 (Affidavit of Support) for the Petitioner, and each Joint Sponsor. There are ancillary benefits available when filing Form I-485, those benefits are Employment Authorization (Form I-765), and Travel Authorization (Form I-131). Forms I-765 and I-131 are not required to be filed; however, if you want work authorization and the ability to travel while your I-485 is pending, then you should include those forms when filing with USCIS based on marriage and their applicable filing fees.

If you want the assistance of a qualified immigration attorney to prepare and file your Marriage Based case, please contact our office to schedule a consultation at 240-390-0600 or contact us online at  https://www.mvplawgroup.com/contact.

8. When is the Form I-751 required to be filed? If you are a conditional lawful permanent resident based on your marriage to a United States Citizen, you are required to file Form I-751, Petition to Remove Conditions on Residence with the USCIS within 90 days of the expiration date as listed on your conditional green card. Form I-751 requires a filing fee of $750.00, and can be filed jointly with your U.S. citizen spouse or individually based on certain circumstances. The current processing times for Form I-751 are 26 – 30.5 months.

9. Should I be carrying proof of my U.S. citizenship with me when I am outside of my home? Everyone has basic rights under the U.S. Constitution and civil rights laws. You do have the right to remain silent, and if you wish to exercise that right, you should show your Red Card, or if you do not have Red Card, say it out loud that you wish to remain silent. Whether to remain silent or speak with the authorities will depend on a case-by-case basis. As a United States Citizen, if you do not wish to be caught up in the mass deportation frenzy happening within the United States, you may carry a copy of the biographical page of your passport on your person along with a U.S. state issued identification card or U.S. state issued driver’s license. Please note that by displaying the copy to the authorities, they may not believe the authenticity of the document and could still subject you to further questioning. You have the right to remain silent.  You have the right to refuse consent to a search of your person, your car and your home without a judicial warrant. You have the right to speak with an Attorney before answering any questions. You should NOT sign anything. If you do not have a Red Card, order your Red Card or print one out here – https://www.ilrc.org/red-cards-tarjetas-rojas.

10. Should I conduct an internal audit of my I-9 forms to be prepared in case of a formal audit by Immigration & Customs Enforcement (ICE)? Yes, you should conduct an internal audit of your company’s I-9 forms to be prepared in case of a formal audit by ICE. In this environment, the best plan of action is to be prepared. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) adjusts the statutory minimum and maximum civil penalty fine amounts for knowingly hire/continuing to employ unauthorized worker violations and substantive violations/uncorrected technical or procedural failures (i.e., missing a signature or a date, failing to reverify, etc.). These amounts are subject to annual adjustment.  Our law firm routinely conducts internal Form I-9 Audits for our clients. If you are interested in discussing the I-9 audit process, please contact our office at 240-390-0600 or contact us online at https://www.mvplawgroup.com/contact.