H1B Visa Lawyer Blog
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- How many questions are on the civics test? There are 100 civics (history and government) questions and answers provided by the USCIS to prepare for the civics/reading/writing portions of the Naturalization examination. Only 10 questions out of the 100 questions will be asked during the civics test. You must answer at least 6 of those questions correctly to pass the civics portion of the test.
- When will the H-1B CAP open for FY2025? The registration period for the H-1B CAP for FY2025, with employment to begin as of October 1, 2024, will likely open the first week of March 2024.
- Can my employer use the same prevailing wage determination issued for my H-1B, for my green card case to speed things up? No, the Department of Labor issues separate prevailing wage determinations for the H-1B program and the PERM/Green Card program. You may not use the prevailing wage obtained from the DOL for an H-1B filing, for a PERM/GC filing for recruitment purposes and vice versa.
- My IV interview came very quickly, and I was not able to sell my home and get everything ready to come to the United States. I’ve made it to the U.S. and have received my green card. How long can I go back for because I need to finish up some things? To preserve your LPR status for Naturalization purposes you should not be outside of the U.S. for more than 6 months at a time. If you are not concerned about eligibility for Naturalization and are unsure about how long you may be outside of the U.S. due to having to sell your property, organize your belongings, etc., you may want to consider filing for a Re-Entry permit prior to leaving the United States. A re-entry permit will allow for you to remain outside of the U.S. for a year without harm to your LPR status.
- What are the eligibility requirements for an EB1A filing? To qualify under EB1A, you must be at the top of your field of endeavor. You must either be the recipient of a Nobel prize or be able to produce evidence to satisfy at least 3 of the criteria listed: (1) documentation of the foreign applicant’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor; (2) documentation of the foreign applicant’s membership to associations in the field for which classification is sought, which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or fields; (3) evidence of the foreign applicant’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought; (4) published material about the foreign applicant in professional or major trade publications or other major media, relating to the foreign applicant’s work in the field for which classification is sought; (5) evidence of the foreign applicant’s authorship of scholarly articles in the field, in professional or major trade publications or other major media; (6) evidence of the foreign applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field; (7) evidence of the display of the foreign applicant’s work in the field at artistic exhibitions or showcases; (8) evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales; (9) evidence that the foreign applicant has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; and/or (10) evidence that the foreign applicant has performed in a leading or critical role for organizations or establishments that have a distinguished reputation. The more criteria you are able to satisfy, the stronger your EB1A case.
- As a U.S. Citizen, what members of my family can I sponsor? As a U.S. citizen, you may sponsor your immediate relatives – your spouse, your parents, and your children under the age of 21. You may sponsor the remaining relatives: unmarried sons and daughters (F1), married sons and daughters (F3), and brothers and sisters (F4); however, those relatives fall under family sponsored preference categories and are subject to the availability of a visa number determined by the monthly visa bulletin issued by the U.S. Department of State. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
- How do I register for the Selective Service? Complete the registration form at https://www.sss.gov/register/#section1. If you do not have a Social Security Number, you will have to print and mail the registration form to the Selective Service System, https://www.sss.gov/wp-content/uploads/2022/08/Form-1-Resized.pdf.
- My Immigrant Visa Interview is scheduled for next month at the Consulate. I am currently in the United States visiting my cousin. May I obtain my medical examination from a U.S. doctor while I’m here in the United States to get it over with? No, you may not. You will need to schedule and appear for a medical examination conducted by a physician accredited by the U.S. embassy. You may find the list of accredited physicians by visiting https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/list-of-posts.html and clicking on the link for the city where your IV interview is scheduled.
- How do I check to find out when my hearing is scheduled? If you have an Alien Number (A# followed by nine digits), you may call the Executive Office for Immigration Review (EOIR) at 1-800-898-7180 and follow the prompts.
- Can I work for more than 1 H-1B employer while in the United States? Yes, it is called concurrent employment. Each employer must file a I-129 form along with a Certified LCA with the USCIS prior to you commencing employment. For more information, contact our office to schedule a consultation.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, January 5, 2024!
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