Q&A Forum

February 21, 2025

MVP “Immigration Q & A Forum” – 2/21/25

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.

What are the current processing times for prevailing wage determinations from Department of Labor (DOL)? As of 02/01/2025, per the DOL website, they are currently issuing final prevailing wage determinations for initial prevailing wage requests filed in July 2024. On average, we are seeing final prevailing wage determinations issued within 189 – 209 days. On February 13, we received a final prevailing wage determination for a request filed on August 9, 2024.

What are the current processing times for the PERM/ETA Form 9089 (Labor Certification Application) from Department of Labor (DOL)? As of 02/01/2025, per the DOL website, they are currently issuing certified Labor Applications for initial Form ETA 9089 filed on or before October 2023. On average, we are seeing certified Labor Applications issued within 15-17 months, without audit. On December 3, 2024, we received a certified Labor for a PERM/ETA Form 9089 filed in August of 2023.

February 18, 2025

MVP “Immigration Q & A Forum” – This Friday, February 21, 2025

by Kellie N. Lego

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, February 21, 2025. Act now and submit your questions!

February 7, 2025

MVP “Immigration Q & A Forum” – 2/7/25

by Kellie N. Lego

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.

How old do I need to be to apply for Naturalization? You must be at least 18 years old to qualify for Naturalization AND you must meet ALL other eligibility requirements. The USCIS has published a helpful brochure, 10 Steps to Naturalization – Understanding the Process of Becoming a U.S. Citizen found here: https://www.uscis.gov/sites/default/files/document/brochures/M-1051.pdf
I was offered a specialty occupation with a non-profit organization, and I appear to be eligible for an H-1B; however, the Lawyer I spoke with told me that the organization does not appear to be eligible to file an H-1B CAP exempt petition with the USCIS. The lawyer did not explain any further. What is the issue? Only certain organizations are eligible to file a CAP EXEMPT H-1B petition with the USCIS. Not every non-profit organization will be eligible to file an H-1B CAP EXEMPT petition. CAP EXEMPT organizations include: Institutions of Higher Education; Nonprofit Organizations Affiliated with Institutions of Higher Education; Government Research Organizations, and Nonprofit Research Organizations focused on applied or basic research.

February 3, 2025

MVP “Immigration Q & A Forum” – This Friday, February 7, 2025

by Kellie N. Lego

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, February 7, 2025. Act now and submit your questions!

January 24, 2025

MVP “Immigration Q & A Forum” – 1/24/25

by Kellie N. Lego

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.

What is DED? Deferred Enforced Departure (DED) is a benefit authorized within the President’s discretion as part of their constitutional power to conduct foreign relations. DED recipients are temporarily protected from deportation and are able to request employment authorization to obtain a work permit from the USCIS. Individuals currently covered under DED include nationals from: Lebanon, Liberia, Hong Kong and Palestine. There are specific eligibility requirements for each designation of DED.
What is the process for obtaining an E3 Australian Visa? If you are outside of the United States applying from Australia, you would petition the Consulate directly. You would need proof of the legitimate job offer, a letter of support from the U.S. employer, a certified Labor Condition Application (LCA) from the Department of Labor (DOL), and your academic or other qualifying credential documentation available for review. Once all of these items are gathered, you would proceed with scheduling an E3 nonimmigrant visa appointment by completing Form DS-160 and submitting it to the Department of State (DOS), along with all requested documentation to establish eligibility. You would then appear for your interview at the scheduled date and time. If successful, your E3 visa will be issued and placed in your passport.If you are inside the United States in another visa status and wish to change status to E3 or are working with a different employer and wish to change employers, you would need to first petition the United States Citizenship and Immigration Service (USCIS). You would need to have a letter of support from the U.S. employer, along with Form I-129, Petition for Nonimmigrant Worker completed by the U.S. employer, and a certified LCA from the DOL, along with documentation to establish your eligibility. These forms and paperwork need to be filed with the USCIS, likely with premium processing. You cannot assume E3 status or begin working with a new U.S. employer until the USCIS has approved your case. Premium processing costs an additional $2805.00 to obtain a decision within 15 business days of filing.

January 21, 2025

MVP “Immigration Q & A Forum” – This Friday, January 24, 2025

by Kellie N. Lego

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, January 24, 2025. Act now and submit your questions!

January 10, 2025

MVP “Immigration Q & A Forum” – 1/10/25

by Kellie N. Lego

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.

I would like to work part time 2-4 Saturdays or any off days during the week, is that possible on a concurrent visa? Yes, it is possible to work part time for another H-1B employer through the filing of a concurrent H-1B petition. The part-time concurrent H-1B filing would need to be filed PRIOR to you starting the part-time employment. To ensure that you can successfully maintain your existing employment and the part-time concurrent employment, it is advisable that you schedule a consultation with an Immigration Lawyer at MVP Law Group.
Can I upgrade a pending I-765 for a STEM OPT to premium processing? Yes, you may upgrade your pending I-765 to premium processing to obtain a decision on your STEM OPT within 30 business days of the USCIS receiving your Form I-907, Request for Premium Processing. If you have any questions, please feel free to contact our office to schedule a consultation.

January 6, 2025

MVP “Immigration Q & A Forum” – This Friday, January 10, 2025

by Kellie N. Lego

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, January 10, 2025. Act now and submit your questions!

December 20, 2024

MVP “Immigration Q & A Forum” – 12/20/24

by Kellie N. Lego

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.

What can I do with a USCIS online account? You can submit certain filings to the USCIS and monitor the status of those filings. You can also change your address through your USCIS online account. You may create your online account by visiting: https://myaccount.uscis.gov/create-account.
How do I find out what documents the Consulate will need for my mother’s case? I am assuming you are referring to Consular Processing for your mother’s Immigrant visa once her I-130 is approved. You can find particular country requirements for civil supporting documents by visiting https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html and selecting the specific country from the A-Z list on the left-hand side of the screen. Once you choose a country, you can scroll down and see the country’s requirements for: Birth, Death and Burial Certificates; Marriage, Divorce Certificates; Adoption Certificates; Identity Card; Police, Court, Prison Records; Military Records; etc.

December 16, 2024

MVP “Immigration Q & A Forum” – This Friday, December 20, 2024

by Kellie N. Lego

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, December 20, 2024. Act now and submit your questions!