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.
- When will the H-1B CAP registration period for this year open? Close?
The electronic H-1B CAP registration process for Fiscal Year 2027 will open on Wednesday, March 4th at NOON (est.). The electronic H-1B CAP registration process for Fiscal Year 2027 will close on Thursday, March 19th at NOON (est.). 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.
- What are the current processing times for prevailing wage determinations filed with the Department of Labor (DOL)?
As of 02/09/2026, per the DOL website, they are currently issuing final prevailing wage determinations for initial prevailing wage requests filed in November 2025.
- What is the difference between CPT and OPT?
CPT stands for Curricular Practical Training, and it is offered in conjunction with pursuing an educational degree program. It provides concurrent work authorization for a foreign international student whose curriculum is directly related to the work the student is to be engaged in. If a foreign national student engages in 12 months or more of full time CPT they will not be eligible to receive OPT at the conclusion of their degree program.
OPT stands for Optional Practical Training, and it is offered at the conclusion of completing an educational degree program. It provides 12 months of work authorization for a foreign international student in a job related to their field of study.
For more information visit: https://www.ice.gov/sevis/practical-training
To schedule a consultation with our Immigration Attorney, please contact our office at 240-390-0600.
- I am presently looking for work in the United States and once I secure an employer, I hope to obtain H-1B nonimmigrant visa status. Is your firm able to assist me in finding an Employer willing to sponsor me?
No, our law firm is not able to assist you in finding an employer willing to sponsor you. Once you locate an employer willing to sponsor you, we can certainly assist both you and your employer with the process; however, we are unable to assist you in your job hunt. Furthermore, unless the U.S. employer qualifies as a H-1B CAP EXEMPT employer, you will need to have a U.S. employer prepare and submit an H-1B CAP registration on your behalf in March of 2026 and hope that you are selected in the lottery process so that your employer can then file an H-1B CAP petition on your behalf with the USCIS for work to begin as of October 1, 2026, if approved by the USCIS. For more information about the H-1B CAP 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, please visit: https://www.mvplawgroup.com/contact.
- How much does a Re-Entry permit cost, and can I continue to request them?
A Re-entry permit carries a USCIS filing fee of $630.00 made payable by submitting Form G-1450 or Form G-1650 to USCIS. As long as you are abiding by the rules and re-entering the United States prior to the expiration of the re-entry permit, there is no limit on the ability to continue to request and receive Form I-131, Re-entry permits.
- What are the three (3) and ten (10) year bars? I hear other Attorneys on social media mentioning 3/1o year bars, but I don’t understand what they mean.
If you have either been in the U.S. without authorization, we call it EWI (entry without inspection), or overstayed your visa by 180 days, upon exiting the United States you would trigger the 3-year bar from lawfully returning to the United States. If you have remained in the United States without authorization or overstayed your visa for 1 year (365 days) or more, upon exiting the United States you would trigger the 10-year bar from lawfully returning to the United States.
- How can I obtain a green card? Are there options outside of family sponsorship or employment sponsorship?
Yes, there are roughly seven (7) different ways to obtain a Green Card to become a lawful permanent resident and then eventually apply for U.S. Citizenship. They include: Family Based/Marriage Based Sponsorship; Employment Based Sponsorship; Diversity Visa; Humanitarian Options – Asylee, Refugee, SIJS, T/U visas, VAWA; Investment Visa – EB5; Registry (resided continuously in the U.S. since before January 1, 1972); Other Categories: Liberian Refugee Immigration Fairness (LRIF), Cuban Adjustment Act; Haitian Refugee Immigration Fairness Act (HRIFA) dependent; Lautenberg parolee; Indochinese Parole Adjustment Act of 2000; American Indian born in Canada.
Source: https://www.uscis.gov/green-card/green-card-eligibility-categories
Feel free to contact our law firm to schedule a consultation about options that you may be eligible for.
- When will I know if my case is selected in the H-1B CAP process?
All employers whose candidates are selected in the lottery process will be notified no later than March 31st. Employers will receive an email alert and/or text message to check their USCIS account, if any of their candidates have been selected. If chosen, the H-1B CAP petition will need to be filed between April 1st, 2026, and June 30, 2026.
- What are the current processing times for the PERM/ETA Form 9089 (Labor Certification Application) filed with the Department of Labor (DOL)?
As of 02/09/2026, per the DOL website, they are currently issuing certified Labor Applications for initial Form ETA 9089 filed on or before September 2024. On average, we are seeing certified Labor Applications issued within 17 months, without audit.
- My employer has offered to sponsor my Green Card. I would like to file under the Employment Based 2nd Preference Category (EB2) because it moves much faster than the Employment Based 3rd Preference Category (EB3). Can we get started?
First and foremost, the Employment Based Green Card sponsorship process is an Employer-driven process, meaning your employer ultimately makes the decision of which category to file under based on the minimum education and experience requirements for the position they have offered you. You do not get to dictate the process under which you will be filing. Your employer offers you a position, and whether you are filed under EB2 or EB3 depends upon the minimum education and experience requirements for the position for which you have been offered.
We would be happy to assist you and your employer with the employment-based green card sponsorship 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.
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 27, 2026!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
Attorney Kellie Lego, 2026 Super Lawyer
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