Articles Posted in Q&A Forum

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We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, November 14, 2025. Act now and submit your questions!

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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. My company’s attorney filed an extension of status petition with USCIS on my behalf. Based on the $100,000 Presidential Proclamation, I should be fine, right? Meaning I should not be subject to this $100,000 tax?

 On September 19, 2025, the President issued a Proclamation to allegedly reform the H-1B nonimmigrant visa program by requiring a tax/tariff to participate. Initially after waiting for several days to obtain clarity on the proclamation, the following information was provided re the effect of this proclamation on H-1B extensions from within the U.S: If the petition is a change of status to H-1B, extension of H-1B status or change of H-1B employer for an individual physically present in the U.S., the proclamation does not apply. However,  as of October 20, 2025, USCIS has now indicated that if a change of status to H-1B, extension of H-1B status or change of H-1B employer, or H-1B amendment is filed and denied, those applicants will become subject to the proclamation as they will be referred for Consular Processing rather than issued an I-94 record.

Avvo - Rate your Lawyer. Get Free Legal Advice.
We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, October 31, 2025. Act now and submit your questions!

Avvo - Rate your Lawyer. Get Free Legal Advice.
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. How can I increase my chances of getting selected in the H-1B CAP lottery process?

Find an employer willing to offer you a position with an annual salary that meets the Level III prevailing wage or Level IV prevailing wage for the location of employment.

Avvo - Rate your Lawyer. Get Free Legal Advice.
We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, October 17, 2025. Act now and submit your questions!

Avvo - Rate your Lawyer. Get Free Legal Advice.
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 Hearing at Immigration Court scheduled for next Monday, October 6, 2025. Are the Courts open or will my hearing be rescheduled due to the shutdown?

The Immigration Courts are fully operational during this government shutdown. You should plan on attending your hearing. If you fail to appear without proper and prior notice, an in-absentia order will be issued for your failure to appear at your hearing, ordering your removal from the country.

Avvo - Rate your Lawyer. Get Free Legal Advice.
We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, October 3, 2025. Act now and submit your questions!

Avvo - Rate your Lawyer. Get Free Legal Advice.
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. Would you be able to tell me what the priority date is for an Employment Based applicant who filed in EB3 from India is for next month? I believe the Visa Bulletin for October 2025 was published this week and the internet has a lot of conflicting information.

Yes, the October 2025 Visa Bulletin was published on Monday, September 15, 2025. As October 1st begins a new Fiscal Year, the United States Citizenship and Immigration Service (USCIS) has published notice that eligible applicants are to follow the Dates for Filing Chart for Employment Based visa applications. As a result, eligible applicants from India who have filed under the Employment Based 3rd preference category are eligible to file their I-485, Application to Register Permanent Residence or Adjust Status with the USCIS if their priority date falls on or before August 15, 2014. The window to file is not until October 1st, 2025. Do not file the I-485 application until October 1st, 2025.  Our firm would recommend that you file early within the month of October as it is not guaranteed the USCIS will publish notice to once again follow the Dates for Filing Chart for the November 2025 Visa Bulletin.

Avvo - Rate your Lawyer. Get Free Legal Advice.
We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, September 19, 2025. Act now and submit your questions!

Avvo - Rate your Lawyer. Get Free Legal Advice.
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. 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.

 

  1. 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.
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