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- What countries are subject to the PAUSE on the issuance of Green Cards for those applying from outside the US?
Effective January 21, 2026, the Department of State is pausing all visa issuances to immigrant visa applicants who are nationals of the following countries:
Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.
- What are the 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.
A candidate must be offered a position by a U.S. employer that requires the attainment of at least a bachelor’s degree or higher degree in a directly related specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. Proof that the U.S. employer requires the attainment of at least a bachelor’s degree in a specific specialty must be presented to qualify. Proof consists of satisfying one of the following criteria: (1) U.S. bachelor’s or higher degree in a directly related specific specialty, or its equivalent, is normally the minimum entry requirement for the particular occupation; (2) A U.S. bachelor’s or higher degree in a directly related specific specialty, or its equivalent, is normally required to perform job duties in parallel positions among similar organizations in the employer’s industry in the United States; (3) The employer, or third party if the beneficiary will be staffed to that third party, normally requires a U.S. bachelor’s or higher degree in a directly related specific specialty, or its equivalent, to perform the job duties of the position; or (4) The specific duties of the offered position are so specialized, complex, or unique that the knowledge required to perform them is normally associated with the attainment of a U.S. bachelor’s or higher degree in a directly related specific specialty, or its equivalent.
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 info@mvplg.com.
- Should I be carrying proof of my status when I am outside 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. If you do not wish to be caught up in the illegal mass deportation frenzy happening within the United States by ICE, you may carry a copy of your U.S. passport, your U.S. state issued identification card or U.S. state issued driver’s license, your Green Card, your valid visa, your I-94 record if it hasn’t expired, etc. 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 and/or detention. However, if you carry the original, they could seize it and make it extremely difficult if not impossible to get it back. 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 signed 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.
- I am currently in my first year of OPT after graduating from a U.S. university with my bachelor’s degree in a STEM field, and I will be eligible for another two (2) year STEM OPT. Should I have my employer submit an H-1B CAP registration for this year, or just wait?
Given the H-1B CAP registration process is usually a lottery selection process based on the amount of registrations submitted, we recommend that you submit an H-1B CAP registration each year that you are eligible.
- Does TPS still exist for any countries?
Yes, as of today, Temporary Protected Status (TPS) does still exist for a few countries. TPS remains for Burma (Myanmar), El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nicaragua, Nepal, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen. Most of these countries are still designated for TPS as a result of current litigation/court orders.
Source: https://www.uscis.gov/humanitarian/temporary-protected-status
- You are an Immigration Attorney, what can I do to help?
- Let your voice be heard! Contact by telephone, email or by writing a letter to your U.S. Senator & House Representatives on a daily, weekly, or monthly basis and let them know you do not approve of this administration’s actions on Immigration. They must document and respond to every communication received by a constituent.
- Serve as an Observer in Immigration Court (with the American Bar Association).
- Serve as an interpreter for a non-profit that assists pro se applicants with their Immigration Court screenings.
- Donate to a local non-profit serving the Immigrant population. Non-profits within the State of Maryland can be found here: https://goci.maryland.gov/community-partners/. Another worthy non-profit that directly helps the detained immigrant population is the Amica Center for Immigrant Rights: https://amicacenter.org/
- As a US Citizen who submitted an I-864 Affidavit on behalf of my Spouse, am I required to also update my address with the USCIS if I move?
Yes, you will need to file Form I-865 with the USCIS.
- Should we just leave? Everywhere we turn the messaging is for us to leave. Some of the notices we have received say that if we leave now, we will be able to come back later to resume our process. What should we do?
You should contact our office to schedule a consultation/legal screening. Or, contact a non-profit organization that assists Immigrants for a legal screening for any relief that may be available. Whatever you do, do not leave without speaking with an Immigration Attorney first. It is highly recommended that you speak with a qualified Immigration Attorney for a full discussion of your rights, the rule of law, how due process works in the United States, and the real consequences involved if you were to self-deport.
- When will I know if my case is selected in the H-1B CAP Registration process?
The H1B CAP Registration process will close on Thursday, March 19th at noon. USCIS has indicated that they will conduct the lottery selection process after March 19th, and all employers whose candidates were selected in the 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.
- With all these terminations of TPS, court orders extending TPS and changes with EAD validity periods, should I conduct an internal audit of our I-9 forms?
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.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, March 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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