H1B Visa Lawyer Blog
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.
- Is there a way to expedite a case with USCIS?
Yes, it is possible to expedite a case with USCIS if you are able to satisfy their expedite criteria. The USCIS expedite criteria can be found on their website: https://www.uscis.gov/forms/filing-guidance/expedite-requests.
- Am I able to premium process my STEM OPT EAD application?
Yes, premium processing is available for STEM OPT EAD applications. For more information visit the USCIS website: https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing
- I am unable to update my address through the USCIS portal, and I can no longer update my address the way I used to through the USCIS website. How do I update my address with USCIS?
You can visit the following website, https://www.uscis.gov/ar-11, and click on the AR-11 Form. You should complete the form, print it and mail it to the address listed on the Form. It is imperative that you notify USCIS within 10 days of a change in your address. Failing to do so under this Administration could result in a misdemeanor that can be punished by a fine of up to $200.00 and up to 30 days in jail.
- I’ve been documentarily qualified through the National Visa Center since February of 2026. I am an Immediate Relative of a US Citizen, and I am from Bangladesh. What is taking so long?
There are multiple reasons for the delay in scheduling your Immigrant Visa Interview. Bangladesh was subject to the pause on Immigrant Visa issuance based on the public charge rule. A federal court struck down the rule as unlawful in August 2026 which lifted the pause. After the pause was lifted, the Administration cancelled many scheduled interviews for required ‘public charge’ training for consular officers. Those interviews will need to be rescheduled, and all the IV interviews that took place during the pause which were ultimately refused, will need to be re-interviewed and/or re-processed. Additionally, the Consular Post in Dhaka, Bangladesh has published that they are currently scheduling IV interviews for cases that were documentarily qualified as of August 2025. Unfortunately, as you were only documentarily qualified in February 2026, there is a substantial wait for an IV interview in Dhaka, Bangladesh.
- Would you be able to tell me the priority date listed for an Employment Based applicant who filed in EB3 from India for October 2026? I believe the Visa Bulletin for November 2026 should be published soon.
The Visa Bulletin for November 2026 should have been published on the Department of State (DOS) website on or around the 15th of October 2026. This is the 2nd month in a row, in a new fiscal year, that DOS have gone beyond the normal reporting period to publish the Visa Bulletin to the public.
The October 2026 Visa Bulletin was published on Tuesday, September 29, 2026. 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 January 15, 2015. If you are eligible to file, our firm recommends that you file early within the month of October as it is not guaranteed USCIS will publish notice to once again follow the Dates for Filing Chart for the November 2026 Visa Bulletin.
- What has changed with the Good Moral Character (GMC) standard for Naturalization?
Since August 15, 2025, USCIS is applying a rigorous, holistic, and comprehensive Good Moral Character (GMC) evaluation standard rather than just an absence of wrongdoing. This means that in addition to establishing that you have not done anything wrong, you will need to prove that you are a contributing member of society. USCIS is looking at the following factors: sustained community involvement and contributions in the U.S. (i.e., involvement in the Parent Teacher Association, involvement in social organizations, involvement in community service organizations, donations made to charitable organizations, etc.); family caregiving, responsibility, and ties in the U.S., (i.e., childcare responsibility and involvement, paying child support/alimony, existing family in the U.S., etc.); educational attainment (i.e., degree and transcripts, certifications, etc.); stable and lawful employment history and achievements (i.e., letter from employer, pay statements, W2 forms, 401k statement, etc.); length of lawful residence in the U.S.,; compliance with tax obligations and financial responsibility in the U.S. (i.e., submission of tax returns, credit report, etc.).
Link to USCIS GMC policy:
It is highly recommended that you speak with an experienced Immigration Attorney prior to filing Form N400, Application for Naturalization with USCIS in this current environment.
- What forms must now be filed online?
USCIS has not yet indicated what forms will be required to be filed electronically through the USCIS portal. The only information we presently have is that USCIS may only make mandatory e-filing for those forms that have already been available for e-filing for 180 days. Based on the announcement, USCIS is to post a public warning on its website at least 60 days before stopping paper submissions for any specific form. This has NOT happened yet. USCIS has posted all over its social media that “USCIS will soon require online filing for most forms,” with no further details on what forms MUST be filed electronically and when.
To view those forms already available for e-filing through the USCIS portal: https://www.uscis.gov/file-online/forms-available-to-file-online
- What are the current processing times for prevailing wages (PW) for Green Cards issued by the Department of Labor (DOL)?
As of 09/30/2026, the Department of Labor (DOL) was issuing final prevailing wage determinations (PWD) for initial prevailing wage requests filed on or before June 2026.
You may check the DOL website for the latest information @ https://flag.dol.gov/processingtimes
- What are the current processing times for the PERM/ETA Form 9089 (Labor Certification Application) with the Department of Labor (DOL)?
As of 10/05/2026, the Department of Labor (DOL) was issuing certified Labor Applications for initial Form ETA 9089s filed on or before December 2025.
You may check the DOL website for the latest information @ https://flag.dol.gov/processingtimes
- Is TPS still available for those from El Salvador, Ukraine and Sudan?
For El Salvador:
The scheduled termination date for TPS for El Salvador was 09/09/2026. The Department of Homeland Security (DHS) failed to make an announcement 60 days prior to the scheduled expiration date and did not issue an announcement on 09/09/2026 nor at any time thereafter terminating TPS. As a result of their failure to make an announcement, TPS for El Salvador will statutorily continue automatically for at least another six (6) months. USCIS/DHS has announced that with the extension, work authorization will continue; however, USCIS/DHS has not published any official notice in the Federal Register for I-9 re-verification purposes.
Notice is required to be posted in the Federal Register, and the Department of Homeland Security has failed to provide the proper notice in the Federal Register extending TPS for those from El Salvador.
Based on the official announcement made by USCIS/DHS on their website, if you had prior authorization to work (an EAD that expired 03/09/2026 with a subsequent extension notice; or an EAD that expired 09/09/2026) & timely filed to re-register during the requisite timeframe in 2025, you are able to continue to work for at least the next 6 months from 09/09/2026. It is recommended you speak with your designated HR representative to ensure your I-9 form is re-verified properly to document and resume your work authorization.
For Ukraine:
The scheduled termination date for TPS for Ukraine was 10/19/2026. The Department of Homeland Security (DHS) failed to make an announcement 60 days prior to the scheduled expiration date and did not issue an announcement on 10/19/2026. As a result of their failure to make an announcement, TPS for Ukraine will statutorily continue automatically for at least another six (6) months. USCIS/DHS has announced that with the extension, work authorization will continue; however, USCIS/DHS has not published any official notice in the Federal Register for I-9 re-verification purposes.
Notice is required to be posted in the Federal Register, and the Department of Homeland Security has failed to provide the proper notice in the Federal Register extending TPS for those from Ukraine.
Based on the official announcement made by USCIS/DHS on their website, if you had prior authorization to work (an EAD that expired 04/19/2026 with a subsequent extension notice; or an EAD that expired 10/19/2026) & timely filed to re-register during the requisite timeframe in 2025, you are able to continue to work for at least the next 6 months from 10/19/2026. It is recommended you speak with your designated HR representative to ensure your I-9 form is re-verified properly to document and resume your work authorization.
Source: https://www.uscis.gov/humanitarian/temporary-protected-status/TPS-Ukraine
For Sudan:
The scheduled termination date for TPS for Sudan was 10/19/2026. The Department of Homeland Security (DHS) failed to make an announcement 60 days prior to the scheduled expiration date and did not issue an announcement on 10/19/2026. As a result of their failure to make an announcement, TPS for Sudan will statutorily continue automatically for at least another six (6) months. USCIS/DHS has announced that with the extension, work authorization will continue; however, USCIS/DHS has not published any official notice in the Federal Register for I-9 re-verification purposes.
Notice is required to be posted in the Federal Register, and the Department of Homeland Security has failed to provide the proper notice in the Federal Register extending TPS for those from Sudan.
Based on the official announcement made by USCIS/DHS on their website, if you had prior authorization to work (an EAD that expired 04/19/2026 with a subsequent extension notice; or an EAD that expired 10/19/2026) & timely filed to re-register during the requisite timeframe in 2025, you are able to continue to work for at least the next 6 months from 10/19/2026. It is recommended you speak with your designated HR representative to ensure your I-9 form is re-verified properly to document and resume your work authorization.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, November 6, 2026!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
Attorney Kellie Lego, 2026 Super Lawyer
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