MVP “Immigration Q & A Forum” – 9/5/25

1. What are the average processing times for prevailing wages from the Department of Labor (DOL)? As of 09/01/2025 (the last update on the DOL website), they are currently issuing final prevailing wage determinations for initial prevailing wage requests submitted in May 2025.

2. What are the current processing times for the Labor Certification Application from Department of Labor (DOL)? As of 09/01/2025 (the last update on the DOL website), they are currently issuing certified Labor Applications for initial Form ETA 9089 filed on or before June 2024.

3. I am still hesitant to register under the new registration requirement. Can you clarify if registration will lead to any immigration benefit? ABSOLUTELY NOT. This registration requirement is being used as an enforcement tool by the Administration. As a reminder, this Registration is being used as an enforcement tool and will not provide any immediate immigration benefit to the person registered.

4. My case wasn’t selected for the H-1B CAP this year. I am working on my STEM OPT valid through 07/14/2026, what options do I have?

You may be eligible to submit a new H-1B CAP registration in the FY2027 process, opening in March of 2026. If not chosen in the initial random lottery selection process at the end of March 2026, you will likely have at least one more chance of being selected in late July/early August 2026, if a second lottery process is conducted. Please note the USCIS is likely to change the lottery selection process to a salary-based selection process.

If not chosen in the H-1B CAP registration process, you may be eligible for an H-1B CAP exempt petition if you have a bona fide job offer from a U.S. employer sponsor who qualifies as an H-1B exempt employer: Institutions of Higher Education as defined in Section 101(a) of the Higher Education Act of 1965; Non-profit entities related or affiliated with a Higher Education Institution; and nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C).

If not selected in the H-1B registration process and no job offer from an H-1B CAP exempt employer, you may re-enroll in another University program, or change nonimmigrant visa status.

Additionally, for a permanent option, if you have a bona fide job opportunity, a U.S. employer sponsor may initiate the Employment Based Green Card sponsorship process on your behalf; although this process does not give you any lawful status until your priority date becomes current and you successfully file a I-485 petition with the USCIS. It is imperative to have an underlying nonimmigrant visa status to be able to file the I-485 from within the United States.

It is recommended that you schedule a consultation with an experienced Immigration Attorney to fully evaluate all your options.

5. My employer has offered to sponsor my Green Card. I would like to file under the Employment Based 2^nd Preference Category (EB2) because it moves much faster than the Employment Based 3^rd Preference Category (EB3). How can we get started with the process?

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 sponsorship.

6. If I am asked to show my papers showing that I registered, what do I do? I have a KYR red card and am confused as to whether I really need to show proof that I complied with the registration requirement if I am stopped.

The Constitutional protections of the 4^th amendment still apply to you, and unless you are stopped for probable cause, you have a right to show the Agent(s) the Red Card and refuse to speak with them, a right provided under the 4^th amendment to the U.S. Constitution. Remember, once inside the United States, the rights afforded by the U.S. Constitution are applicable to all.

7. When do I need to file the I-751 with USCIS to get my 10-year green card? 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 anytime within the 90 day window before the expiration date as listed on your 2 year 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 as provided on USCIS’ website range from 24.5 to 29 months.

8. Should we self-deport? 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. It is highly recommended that you speak with a qualified Immigration Attorney to determine if you are eligible for any relief, 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.

9. What would happen with USCIS if the federal government were to shut down at the end of the month? USCIS will remain in operation if the federal government were to shut down at the end of the month. USCIS’ operating budget is based on filing fees except for those programs that receive appropriated funds. For more information, please review a past Blog entry: https://www.h1bvisalawyerblog.com/what-happens-if-the-government-shuts-down/. 

10. I am 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 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. 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 randomly 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.