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.
1. What is the Good Moral Character (GMC) standard for Naturalization?
As of 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, 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, proof of tax payment plans and compliance with those payments if applicable, credit report, etc.).
Link to USCIS GMC policy:
You should speak with an experienced Immigration Attorney prior to filing Form N400, Application for Naturalization with USCIS.
2. Does the memo released by USCIS back in May 2026, stop people who are otherwise eligible for adjustment of status from applying for their Green Card from within the U.S.? Like, if we are eligible, we can still apply?
The memo does not change the law, statutory eligibility criteria, or stop USCIS from processing and approving I-485, Application to Adjust Status petitions. People who are eligible for adjustment of status should speak with an experienced Immigration Attorney to discuss their case. Adjudications by USCIS will continue to be made on a case-by-case basis.
3. My sister was defrauded by someone who said they were an Immigration Attorney. They took her money and they are now not answering her calls. How do we find out if someone is a licensed Attorney? How can we report this?
For the State of Maryland, you can visit the Maryland Courts, Attorney Information System (AIS) and Search for a Licensed Maryland Attorney.
To report the scam, and/or the unauthorized practice of law in the State of Maryland, you may contact the Attorney Grievance Commission and Office of Bar Counsel and/or the Consumer Protection Division of the Office of the Attorney General of Maryland.
4. How much is the new fee that will be required for H-1B CAP subject cases?
It is still just a proposed rule and has not been implemented as a final rule.
As of August 24, 2026, the Department of Homeland Security (DHS) is attempting to establish a $103,265.00 fee to be applied to all H-1B CAP subject petitions, 85,000 annually. This fee would be in addition to the existing filing fees required for each filing. The government has indicated that it anticipates receiving $8.8 billion annually from this fee alone. DHS has indicated that the fee would be used to generate revenue to recover a portion of the federal government’s costs for administering the lawful immigration system. They are attempting to generate this revenue because they believe American businesses have the ability to pay it. It is important to note that approximately 96% of USCIS’ operating budget is from filing fees rather than congressional appropriations. USCIS website provides the following:
Unlike most government agencies, U.S. Citizenship and Immigration Services (USCIS) is not dependent on taxpayer dollars. USCIS is authorized to recover the full cost of providing immigration and naturalization services (screening, vetting, and adjudicating applicants and their benefit requests). USCIS receives 96 percent of its funding from filing fees and not from congressional appropriations.
“The proposed H‑1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers,” said U.S. Citizenship and Immigration Services spokesperson Zach Kahler.
5. Is it true USCIS can deny a timely filed case without issuing a request for additional evidence (RFE), or a notice of intent to deny (NOID)?
Yes. Based on the policy issued by USCIS on August 5, 2026, if you fail to properly demonstrate eligibility for the immigration benefit sought in the initial filing, USCIS may deny the application without first issuing an RFE or NOID.
6. What forms are part of the mandatory e-filing requirement recently announced by USCIS?
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.
On Monday, October 5, 2026, USCIS posted on its official Facebook account: COMING SOON: REQUIRED ONLINE FILING. Forms available for e-filing for at least 180 days may transition to required online filing. The post contained the following link to USCIS’ website which was recently updated as of 10/07/2026: https://www.uscis.gov/online-filing-options.
To view those forms already available for e-filing through the USCIS portal: https://www.uscis.gov/file-online/forms-available-to-file-online
7. If my H-1B is denied, can USCIS issue an NTA?
Yes, it is possible. On February 28, 2025, USCIS issued a Policy Memorandum entitled: Issuance of Notice to Appear (NTAs) in Cases involving Inadmissible and Deportable Aliens. A Notice to Appear is the charging document that instructs an individual to appear before an Immigration Judge at a certain time on a certain date. For beneficiaries of certain employment-based petitions, USCIS will issue an NTA where: (1) the decision on the petition is unfavorable; (2) the beneficiary is not lawfully present in the United States or is otherwise removable; and (3) The beneficiary is the signatory on the Petition for Nonimmigrant Worker (Form I-129).
Source: https://www.uscis.gov/sites/default/files/document/policy-alerts/NTA_Policy_FINAL_2.28.25_FINAL.pdf
8. What happened with TPS for El Salvador? Can I still work?
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. 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.
Based on the announcement made by USCIS/DHS, if you had prior authorization to work (an EAD that expired 09/09/2026) under TPS, you are able to continue to work for the next 6 months from 09/09/2026. Speak with your designated HR representative to ensure your I-9 form is re-verified properly to document and resume your work authorization.
9. What are the current processing times for the PERM/ETA Form 9089 (Labor Certification Application) from 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
10. 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
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, October 23, 2026!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
Attorney Kellie Lego, 2026 Super Lawyer
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