H1B Visa Lawyer Blog
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- What are the current processing times for prevailing wage determinations (PWD) from Department of Labor (DOL)? As of 09/01/2025, per the DOL website, they are currently issuing final prevailing wage determinations for initial prevailing wage requests filed in May 2025.
- What are the current processing times for the PERM/ETA Form 9089 (Labor Certification Application) from Department of Labor (DOL)? As of 09/01/2025, per the DOL website, they are currently issuing certified Labor Applications for Form ETA 9089 filed on or before June 2024.
- I am currently in my first year of OPT after graduating from a U.S. university with my bachelor’s degree in a STEM field, and I will be eligible for another two (2) year STEM OPT. Should I have my employer submit an H-1B CAP registration for this year, or just wait? Given the H-1B CAP registration process is a random lottery selection process, we recommend that you submit an H-1B CAP registration each year that you are eligible.
- Is it true that if my H-1B is denied, the USCIS could issue a Notice to Appear (NTA) in Immigration Court? It is possible if several conditions are met. 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
- Should I be carrying proof of my U.S. citizenship with me when I am outside of my home? Everyone has basic rights under the U.S. Constitution and civil rights laws. You do have the right to remain silent, and if you wish to exercise that right, you should show your Red Card, or if you do not have Red Card, say it out loud that you wish to remain silent. Whether to remain silent or speak with the authorities will depend on a case-by-case basis. As a United States Citizen, if you do not wish to be caught up in the mass deportation frenzy happening within the United States, you may carry a copy of the biographical page of your passport on your person along with a U.S. state issued identification card or U.S. state issued driver’s license. Please note that by displaying the copy to the authorities, they may not believe the authenticity of the document and could still subject you to further questioning. You have the right to remain silent. You have the right to refuse consent to a search of your person, your car and your home without a judicial warrant. You have the right to speak with an Attorney before answering any questions. You should NOT sign anything. If you do not have a Red Card, order your Red Card or print one out here – https://www.ilrc.org/red-cards-tarjetas-rojas.
- Should I conduct an internal audit of my I-9 forms to be prepared in case of a formal audit by Immigration & Customs Enforcement (ICE)? Yes, you should conduct an internal audit of your company’s I-9 forms on a regular basis. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) adjusts the statutory minimum and maximum civil penalty fine amounts for knowingly hire/continuing to employ unauthorized worker violations and substantive violations/uncorrected technical or procedural failures (i.e., missing a signature or a date, failing to reverify, etc.). These amounts are subject to annual adjustment. Our law firm routinely conducts internal Form I-9 Audits for our clients. If you are interested in discussing the I-9 audit process, please contact our office at 240-390-0600 or contact us online at https://www.mvplawgroup.com/contact.
- What are the educational requirements to be eligible for an H-1B nonimmigrant specialty occupation visa? To qualify for the H-1B nonimmigrant specialty occupation visa , you must have: (1) earned a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited university or college; (2) earned a foreign degree that is the equivalent of a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited university or college; (3) have completed education, specialized training, and/or progressive experience that is equivalent to the completion of a U.S. bachelor’s or higher degree required by the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty occupation.*The USCIS generally accepts a 3 to 1 rule, meaning three (3) years of progressive experience is equivalent to (one) 1 year of education. Accordingly, a combination of formal education, and progressive, relevant experience can generally be equated to be the equivalent of a U.S. bachelor’s or higher degree required by the specialty occupation.To schedule a consultation with our firm to discuss the eligibility requirements for the H-1B visa and how we can assist, give us a call at 240.390.0600 or send us an email at https://www.mvplawgroup.com/contact.
- Where can I find my entry stamp? If you are referring to your I-94 record, you may visit https://i94.cbp.dhs.gov/home and click on the option to Get most recent I-94.
- I have an employee who just graduated from University and presented her OPT EAD. I am working on bringing her onboard and completing her paperwork. As it relates to her payroll, is an F1 student exempt from paying Social Security Tax and Medicare Tax?
Generally yes; however, it requires a case-by-case analysis of the foreign student’s immigration history in the United States. The IRS website provides helpful information.
- I can’t update my address through the USCIS portal and I can’t update my address the way I used to through the USCIS website. I need to update my address, how can I update my address? 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.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, December 12, 2025!
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