Archive – Holiday Post – Immigration Q&A Forum – Originally posted 10/20/23

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This blog entry was originally posted on 10/20/23. We here at the MVP Law Group would like to wish every one of our blog readers Happy Holidays! 

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. 


  1. I have a U.S. citizen fiancé in the U.S., and I am applying for a visitor visa to come and see her. Do I need to include her information in my DS-160 form?

Yes. Form DS-160 requests information about immediate relatives. It specifically mentions fiancé. Therefore, you must disclose the relationship.


  1. What are the requirements for a Special Immigrant Juvenile visa?

A Special Immigrant Juvenile (SIJ) is a child who a State Court has found to have been abused, abandoned, or neglected by a parent. The valid juvenile court order must also include that it is not in the child’s best interest to be returned abroad. A child must be under 21/18 years of age (age depends upon state law), be currently living in the United States, and be unmarried.


  1. When will the next H-1B CAP registration period open?

The H-1B CAP registration period for FY2025 will likely open the first week of March 2024.


  1. What is a specialty occupation?

A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and the attainment of at least a bachelor’s degree or the equivalent in the specific specialty (i.e., sciences, medicine, health care, education, engineering, information technology, biotechnology, and business specialties, etc.).


  1. What is CPT?

CPT stands for Curricular Practical Training. A student may be eligible for CPT while completing their degree program. CPT must be authorized by a designed school official before a student can begin work. The training must directly relate to the student’s major, and the training must be an essential part of the school’s curriculum. One year of full time CPT eliminates a students eligibility for OPT.


  1. What is OPT?

OPT stands for Optional Practical Training. OPT is awarded after the attainment of a degree for a period of 12 months for a recent graduate to obtain real world training in a position directly related to the graduate’s major. Students graduating with a STEM degree are eligible for an additional 2 years of OPT. Students are eligible for an additional 12 months of OPT for each completed higher educational level (ex. A student obtains a bachelor’s degree and completes 12 months of OPT. Student then goes back to school and obtains a Master’s degree and is eligible for a new 12 month period of OPT, etc.).


  1. Once my employment stops, am I required to complete a final evaluation on Form I-983 for my time in STEM OPT?

Yes. Completing the final evaluation on Form I-893 is a mandatory requirement for the STEM OPT program. The final evaluation is required to be submitted no later than 10 days following the conclusion of the work period. Not submitting the final evaluation would be a violation of the terms of the I-983 form and may jeopardize the student’s nonimmigrant status.


  1. Does graduating with a DDS or a DMD qualify as a STEM field?

Unfortunately, graduating with a Dental degree (Doctor of Dental Surgery or Doctor of Dental Medicine) does not make you eligible for the additional 2-year period of STEM OPT. Dentistry fields are not classified as STEM fields.


  1. How many reference letters do I need for an EB1A filing?

We recommend at least eight (8) to twelve (12) reference letters from experts in the field.


  1. How do I apply to remove the conditions on my conditional permanent residency?

You would file Form I-751, Petition to Remove Conditions on Residence with the USCIS 90 days prior to the expiration of the conditional green card. You would either file the petition jointly with your spouse, or individually as a result of death, divorce or abuse.  You would substantiate your filing with documentary evidence of the bona fides of your marriage, or if not filing jointly, evidence of the death/divorce or abuse.


 MVP LAW GROUP –Immigration Q&A Forum – Originally posted 10/20/23


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