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- Are H-1B applicants still subject to the online presence review prior to attending an interview and receiving a nonimmigrant visa at a Consulate abroad?
Yes. In addition to H-1B, F, M, and J applicants, effective March 30, 2026, the Department of State will expand online presence review to include applicants in the following additional nonimmigrant visa classifications: all A-3, C-3 (if a domestic worker), G-5, H-3, H-4 dependents of H-3, K-1, K-3, Q, R-1, R-2, S, T and U. To facilitate this vetting, all applicants are instructed to adjust the privacy settings on all their social media profiles to “public” or “open.”
- I’ve been sponsored by my employer for the employment based green card. How long do I have to wait for the prevailing wage determination to be returned from the DOL before we can move forward with the process?
As of 03/05/2026, the Department of Labor was issuing final wage determinations for Form 9141 cases that were submitted in December of 2025.
Source: https://flag.dol.gov/processingtimes
- I heard that Ethiopia will be subject to the visa bond program for visitor visas. Is it true?
Yes, it is true. Effective April 2, 2026, twelve additional countries will be added to the visa bond program. The countries to be added include: Cambodia, Ethiopia, Georgia, Grenada, Lesotho, Mauritius, Mongolia, Mozambique, Nicaragua, Papua New Guinea, Seychelles, and Tunisia.
There are 38 countries already subject to the visa bond program: Algeria, Angola, Antigua and Barbuda, Bangladesh, Benin, Bhutan, Botswana, Burundi, Cabo Verde, Central African Republic, Cote d’Ivoire, Cuba, Djibouti, Dominica, Fiji, Gabon, The Gambia, Guinea, Guinea Bissau, Kyrgyzstan, Malawi, Mauritania, Namibia, Nepal, Nigeria, Sao Tome and Principe, Senegal, Tajikistan, Tanzania, Togo, Tonga, Turkmenistan, Tuvalu, Uganda, Vanuatu, Venezuela, Zambia, and Zimbabwe.
- I am on OPT and my employer submitted an H-1B CAP registration on my behalf last week. When can we find out if we were selected?
The USCIS will notify employers and their attorneys if their applicant was selected no later than March 31st. Selected applicants are able to submit their H-1B CAP petitions to USCIS between April 1st, 2026, and June 30, 2026.
- Is USCIS behind in processing expedited benefit requests, and requests to Speak with Tier II Officers? I’ve been following up on an expedite request I made back in early January 2026?
Yes, they are. Our law firm has had quite a few expedite requests and requests to speak with a Tier II Officer pending for several weeks. The responses we’ve been receiving is that there are far too many expedite requests and requests to speak with a Tier II Officer coming in. There are just not enough USCIS Tier II Officers to respond to all the requests. The representatives at the USCIS Customer Service Center have indicated that the 72 hour or 10-day response time they give is merely an estimate and not a concrete time period in which you should expect to be contacted. They say that when an Officer is available to review and respond to your request, they will. We have been following up on these requests on a weekly basis and will continue to do so until the matter is resolved.
- I am anxiously awaiting my labor certification because we need to extend my H-1b status beyond the 6th year. What are the processing times?
As of 03/12/2026, the Department of Labor was issuing certified Labor Applications for Form 9089 cases that were submitted in November of 2024.
Source: https://flag.dol.gov/processingtimes
- Are cases still on pause by USCIS?
Yes. The Asylum pause, travel ban pause, and public charge pause remain in play by USCIS. The asylum pause affects all currently pending asylum cases. The travel ban pause affects applicants requesting an immigration benefit from any of the countries listed on the travel ban. The public charge pause affects applicants applying for an immigrant visa (i.e., green card) from abroad who are nationals of countries listed on the 01/21/2026 issued by the President.
Sources: https://www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0192-PendingApplicationsHighRiskCountries-20251202.pdf; https://www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0194-PendingApplicationsAdditionalHighRiskCountries-20260101.pdf; https://travel.state.gov/content/travel/en/News/visas-news/immigrant-visa-processing-updates-for-nationalities-at-high-risk-of-public-benefits-usage.html
- If USCIS denies my family based I-485 petition, will I be issued a Notice to Appear?
Yes, it is possible. USCIS’ policy manual has always indicated that upon a denial of an immigration benefit, USCIS may issue a Notice to Appear in Immigration Court. On August 1, 2025, USCIS released a memo informing the public that they have made revisions to the policy manual specifically to clarify that they may issue a Notice to Appear if the alien beneficiary is otherwise removable since a family-based immigrant visa petition does not grant immigration status or relief from removal. It is important to speak with a qualified Immigration Attorney before submitting any request for an immigration benefit to USCIS.
- I heard about the new bond requirement for Visitor Visas, and I wanted to know if my cousin would have to post a bond to come to visit me in the States and how all that would work?
The Department of State has created a bond program for nationals from countries with high rates of visa overstay. A visa overstay means remaining in the United States beyond the departure date listed on your I-94 record. The bond amounts can be $5,000, $10,000, and $15,000 and will be returned upon a nationals return to their home country. For those subjected to the bond, they would need to use a specific port of entry for arrival to the U.S. and for departure from the U.S.
To review the countries subject to the Visa bond program: https://travel.state.gov/content/travel/en/News/visas-news/countries-subject-to-visa-bonds.html
- I am an F1 student looking for work in the United States and once I secure an employer, I hope to obtain H-1B nonimmigrant visa status, cap exempt of course. Is your firm able to assist me in finding an Employer willing to sponsor me?
No, our law firm cannot 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.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, April 10, 2026!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
Attorney Kellie Lego, 2026 Super Lawyer
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