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.
- Will I have a better chance in being selected in the CAP if my employer submits my H-1B registration on the first day, or the last day?
It does not matter what day your H-1B CAP registration is submitted, it is a lottery selection process. All registrations submitted within the registration period are eligible for selection. We highly recommend that your H-1B CAP registration is submitted a few days after registration officially opens and a few days before registration officially closes due to technical glitches that often occur with the system due to system overload.
Contact MVP Law Group, P.A., for assistance with the H-1B registration process for FY2027, we’d be happy to help.
- An employee with an EAD bearing a category C33 just recently renewed her EAD and her current EAD is set to expire as of March 26, 2026. Can you please advise me as to what I report in her I-9 form for re-verification purposes?
Deferred Action for Childhood Arrival (DACA) applicants are not eligible for an automatic extension of the EAD upon the timely filing of an EAD renewal application. In order to continue employment beyond the current expiration date of March 26, 2026, the DACA recipient must have a new EAD valid for a period beyond March 26, 2026. Accordingly, until the renewed EAD is physically in the applicant’s hand, they will be unable to continue employment beyond the expiration date of March 26, 2026.
- What can I do to make my case more likely to be selected in the H-1B CAP registration process for FY2027?
It is not what YOU can do but what your Employer can do.
If your employer offers you a Level IV (Four) wage, you will receive four (4) chances of being selected. If your employer offers you a Level III (three) wage, you will receive three (3) chances of being selected. If your employer offers you a Level II (two) wage, you will receive two (2) chances of being selected. If your employer offers you a Level I (one) wage, you will receive only one (1) opportunity to be selected. You can find the wage levels for a given area of employment by utilizing the Department of Labor’s wage search tool: https://flag.dol.gov/wage-data/wage-search.
Given the changes to the registration process for this year, if you need assistance, contact MVP Law Group, P.A., we’d be happy to assist you.
- Are asylum cases filed with USCIS still on hold?
Yes. Effective, December 2, 2025, USCIS issued a Policy Memorandum which placed a hold on all Asylum applications (Form I-539) regardless of the foreign national’s country of nationality, pending a comprehensive review. Every asylum application is on hold pending a comprehensive review. Source: https://www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0192-PendingApplicationsHighRiskCountries-20251202.pdf
- Is it true USCIS will no longer approve EAD documents for 5 years for eligible I-485, Adjustment applicants?
Unfortunately, this is true. Effective December 5, 2025, requests for employment authorization under eligibility category (c)(9) that are pending or filed on or after that date will only be granted for 18 months rather than 5 years. USCIS is reasoning that this change is required to enhance its screening and vetting efforts, enable detection of aliens with potentially harmful intent and to deter fraud. There are many other eligibility categories that have been affected by the change in validity of the Employment Authorization Document (EAD).
- What countries are subject to the Public Charge Pause on the issuance of Immigrant Visas (Green Cards) at Consulates abroad?
Effective January 21, 2026, the Department of State has paused all visa issuances to immigrant visa applicants who are nationals of the following countries:
Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.
- My priority date will be current on March 1, 2026, and we will finally be able to submit our Adjustment applications to the government. What are the USCIS filing fees?
The USCIS filing fee is $1440.00 for the I-485 petition. If you are looking to file for employment authorization/EAD (Form I-765) with your I-485, it carries a separate filing fee of $260.00. If you are looking to file for travel authorization/advance parole (AP) (Form I-131) with your I-485, it carries a separate filing fee of $630.00.
- I am from a country listed on the travel ban. Should I file or wait to file?
If you are eligible for a U.S. immigration benefit, I would not delay the filing of your case. It is better to at least file and save your place in line, then risk having the immigration benefit you are seeking disappear or be delayed even further in your immigration journey. You should contact an experienced Immigration Attorney to discuss your case along with all risks/consequences of filing prior to filing.
- What is the Good Moral Character (GMC) standard for Naturalization?
Effective August 15, 2025, USCIS is now 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: https://www.uscis.gov/sites/default/files/document/policy-alerts/08.15.2025-Restoring_a_Good_Moral_Character_Evaluation_Standard_for_Aliens_Applying_for_Naturalization-Policy_Memorandum_FINAL.pdf
You should speak with an experienced Immigration Attorney prior to filing Form N400, Application for Naturalization with USCIS.
- What is the rule of law? Everyone must follow the law. Leaders must obey the law. Government must obey the law. No one is above the law.
These responses are found on the USCIS website under the Naturalization materials. When an eligible applicant applies for Naturalization, they will be tested on U.S. history and government (civics) at their Interview, and they must study for the civics test. The USCIS provides 128 civics questions along with the answers to assist individuals in preparing for the civics test.
You can test your knowledge of U.S. history and government here:
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, March 13, 2026!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
Attorney Kellie Lego, 2026 Super Lawyer
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