MVP “Immigration Q & A Forum” – 2/10/23

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.


Question #1 – Green Card – Employment Based Immigration 

Does anyone with an Advanced Degree qualify for an EB-2 Category I-140? 

Answer #1 – No. Please contact our office to schedule a consultation to further discuss your eligibility. 


Question #2 – B-1 Temporary Business Visitor 

How long can someone stay in the US on a Business Visa (B1/B2)? 

Answer #2 – You may receive a Visitor Visa valid for 10 years; however, the maximum duration of stay in the United States on a B1/B2 visa is 6 months. 


Question #3 – Criminal Convictions 

Will a criminal conviction impair my ability to receive a temporary visa? 

Answer #3 – It depends upon the type of criminal conviction. Depending upon the seriousness of the criminal conviction, it is possible to be inadmissible and/or deportable for certain criminal convictions – crimes of moral turpitude, crimes involving domestic violence. You should speak with an Immigration Attorney to further discuss your situation. 


Question #4 – Green Card 

Can I apply for a spousal visa if I am getting married to a green card holder & am currently in H-1B visa status? 

Answer #4 – Yes; however, you must first marry your spouse. After marriage, your green card holder (Lawful Permanent Resident) spouse, may then prepare and submit an I-130, Petition for Alien Relative on your behalf to the USCIS for processing. 


Question #5 – TN NAFTA Professionals 

What is the typical processing time for the approval of a TN Visa? 

Answer #5 – It depends upon whether you are a Canadian Citizen or a Mexican Citizen. Canadian citizens may apply for a TN visa directly at the Canadian border; whereas a Mexican citizen must apply for and receive a TN visa stamp in their passport at a Mexican Consulate. 


Question #6 – Child Status Protection Act (CSPA) 

What is the Child Status Protection Act? 

Answer #6 – According to the USCIS, The Child Status Protection Act (CSPA) amended the Immigration Nationality Act (INA) by changing who qualifies as a child for purposes of immigrant. This permits certain beneficiaries (see the glossary for a definition of the term “beneficiary”) to retain classification as a “child,” even if he or she has reached the age of 21. 


Question #7 – Students and Employment 

Can a foreign student obtain employment while studying at a US university? 

Answer #7 – Generally, all employment is contingent on remaining within the terms and restrictions of your F-1 visa. There are several categories of employment during the term of your stay as an F-1 student in the United States. To further discuss your specific situation, please contact our office to schedule a consultation. 


Question #8 – Family Based Immigration 

I’ve read conflicting information on the internet; can you please clarify for me who is responsible for scheduling the Green Card Interview, my spouse or the Consulate itself? 

Answer #8 – The Consulate is responsible for scheduling the Interview and will send you notice of the date and time of the scheduled interview. 


Question #9 – L-1 Intracompany Transferee Work Visa 

Can spouses of L-1 visa-holders work in the US? 

Answer #9 – Yes, spouses of L-1 nonimmigrant visa holders are eligible to apply for L-2 dependent nonimmigrant visa status which allows for employment authorization. 


Question #10 – H-1B Nonimmigrant Work Visa 

Are employers required to post a notice of filing of LCA at the end-client location? Why can’t we just post at our offices? 

Answer #10 – Yes. Pursuant to the regulations, notices are to be posted in two conspicuous locations at the actual location where the work is to be performed. Therefore, posting at the employer’s office only is not sufficient.


MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, February 24, 2023!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

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