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.
- I wasn’t selected in the H-1B CAP registration. Would the O1 visa be an option for me?
Without further information, we cannot fully analyze which nonimmigrant visa options could possibly be viable for you. It is recommended that you schedule a consultation with an experienced Immigration Attorney.
The O-1 nonimmigrant visa is reserved for those with Extra-ordinary ability in the Sciences, Arts, Education, Business or Athletics and for those who have demonstrated records of extraordinary achievement in the Motion Picture or Television Industry. To be considered an outstanding individual, an applicant should be highly regarded in their particular field and may only work in the U.S. in that specific area of expertise. This visa enables individuals with extraordinary ability in the sciences, arts, education, business, athletics, motion picture and television industry to enter the U.S. for temporary periods of time. USCIS loosely defines this category, and the spectrum of eligible individuals also includes chefs, carpenters and lecturers. The O-1 Visa must be petitioned by a US employer, U.S. agent or foreign employer through a U.S. agent. The spouse and/or children (under 21) may join the applicant in the U.S. under O-3 dependent status. While they may not work while in the U.S., immediate family members are allowed to attend school or college. To qualify for an O-1 a person must demonstrate either of the following:
- Receipt of a major, internationally recognized award (e.g. the Nobel Prize), or at least three (3)* of the following apply to him/her:
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- Receipt of nationally or internationally recognized prizes or awards for excellence in his/her field.
- Membership in an association in the field which requires outstanding achievements of its members, as judged by national or international experts in the field.
- Published material in professional or major trade publications or major media about the person, concerning the person’s work in the field.
- Participation on a panel, or individually, as a judge of the work of others in the field.
- Scientific, scholarly, or business-related contributions of major significance in the field.
- Authorship of scholarly articles in the field in professional journals or other major media.
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
- High salary or other remuneration commanded by the person for services.
- How can I obtain a green card? Are there options outside of family sponsorship or employment sponsorship?
Yes, there are roughly seven (7) different ways to obtain a Green Card to become a lawful permanent resident and then eventually apply for U.S. Citizenship. They include: Family Based/Marriage Based Sponsorship; Employment Based Sponsorship; Diversity Visa; Humanitarian Options – Asylee, Refugee, SIJS, T/U visas, VAWA; Investment Visa – EB5; Registry (resided continuously in the U.S. since before January 1, 1972); Other Categories: Liberian Refugee Immigration Fairness (LRIF), Cuban Adjustment Act; Haitian Refugee Immigration Fairness Act (HRIFA) dependent; Lautenberg parolee; Indochinese Parole Adjustment Act of 2000; American Indian born in Canada.
Source: https://www.uscis.gov/green-card/green-card-eligibility-categories
Feel free to contact our law firm to schedule a consultation about options that you may be eligible for.
- My H-1B CAP registration was not selected. I am currently on an H4 dependent visa. What are my options?
Without further details, the information we can provide is limited.
As long as your Spouse or Parent remains in a valid H-1B nonimmigrant visa status, you may be eligible to extend your H4 dependent status along with their status. If the primary H-1B applicant is your parent and you are under the age of 21, you will be eligible for extensions of your H4 dependent status until you reach 21. Once you turn 21, you will need to find another nonimmigrant visa status to remain in a lawful status in the United States. Changing status from H4 to F1 may be a possibility.
There are several additional options that may be available to you, as you did not provide enough information to conduct a full analysis. It would be advisable to speak with a qualified Immigration Attorney to thorough evaluate all your options.
- I have DACA. Am I still able to renew my DACA and EAD or has that program been terminated?
The Deferred Action for Childhood Arrivals (DACA) program created through Executive Order under the Obama Administration (2012) remains available for those filing to renew their DACA status. The USCIS will not process any initial requests for DACA, they will only process renewal requests for existing DACA holders.
- My registration wasn’t selected in the H-1B CAP lottery process. I am working on my STEM OPT valid through 06/29/2027. What options do I have?
You would appear to be eligible to submit a new H-1B CAP registration in the FY2028 process, opening in March of 2027.
If not chosen in the H-1B CAP registration process, you may be eligible for an H-1B CAP exempt petition if you find a U.S. employer sponsor who has a bona fide offer of employment and qualifies as an H-1B exempt employer: Institutions of Higher Education as defined in Section 101(a) of the Higher Education Act of 1965; Non-profit entities related or affiliated with a Higher Education Institution; nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C).
If you have a bona fide job opportunity, a U.S. employer sponsor may initiate the Employment Based Green Card sponsorship process on your behalf; although this process does not give you any lawful status until your priority date becomes current and you successfully file a I-485 petition with the USCIS. It is imperative to have an underlying nonimmigrant visa status to be able to file the I-485 from within the United States.
It is recommended that you schedule a consultation with an experienced Immigration Attorney to fully evaluate your options.
- Is there a difference between CPT and OPT? If yes, what is the difference between CPT and OPT?
Yes, there is a significant difference between Curricular Practical Training (CPT) and Optional Practical Training (OPT).
CPT is offered in conjunction with pursuing an educational degree program. It provides concurrent work authorization for a foreign international student whose curriculum is directly related to the work the student is to be engaged in.
OPT is offered at the conclusion of completing an educational degree program. It provides 12 months of work authorization for a foreign international student in a job related to their field of study.
For more information visit: https://www.ice.gov/sevis/practical-training
To schedule a consultation with our Immigration Attorney, please contact our office at 240-390-0600.
- I was not chosen in the lottery process for FY2027 with H-1B employment to start 10/01/2026. My current OPT expires in July 2026. I graduated with a master’s degree in computer science. What are my options?
Generally, a U.S. degree in Computer Science would be classified as a STEM degree. You should consult your Designated School Official (DSO) and carefully review your I-20 form against the ICE STEM Degree Field list to determine if you are eligible for a STEM OPT. A STEM OPT would provide an additional 24 months of work authorization allowing you additional opportunities to submit a registration under the H-1B CAP registration process next year. To qualify for STEM OPT, your employer would need to be enrolled in E-Verify and also willing to enter into a Training Agreement with you.
- I was selected in the H-1B lottery process for next fiscal year starting on October 1st. My employer has already filed my I-129 and it is pending. I am excited to start working with them in October 2026. I have also been presented with a better job offer in my eyes. Can I transfer my petition to the new employer when the fiscal year opens?
We would need complete facts to provide a thorough response. Are you presently in the U.S., or outside the U.S.? Generally, we would recommend that you at least start work for the petitioning I-129 employer sponsor who obtained an approval of your I-129 before transferring to a new employer, given the effective date of the H-1B is October 1, 2026, and not any time sooner. In order to ‘transfer’ H-1B status to a new employer, you must be maintaining H-1B nonimmigrant visa status, technically you are not an H-1B nonimmigrant as of yet and will not be until October 1, 2026. Have you considered the option of potentially working for both entities as you indicated you were excited to start working for them; full-time for the petitioning I-129 employer (I’m assuming), and part-time for the new employer who offered you a better job opportunity? Please contact our office for a scheduled consultation to thoroughly discuss your options.
- With increased worksite enforcement on the rise, as a new business, I want to ensure that my HR has a full understanding of the Form I-9 process, how to inspect documents, how to fill out the Form I-9, etc. Is there a resource that you can recommend that could help us get acclimated?
Yes, the USCIS I-9 Employer Handbook is an excellent and recommended resource.
- How many questions do you have to answer correctly with the new Citizenship test?
The new Citizenship test became effective as of October 20, 2025. The new citizenship test requires that you answer 12 questions out of 20 correctly, as compared to answering 6 correctly out of 10 with the prior civics test. The questions to study from have increased from 100 to 128.
Resources to prepare for the Citizenship test can be found here: https://www.uscis.gov/citizenship/find-study-materials-and-resources/study-for-the-test
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, April 24, 2026!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
Attorney Kellie Lego, 2026 Super Lawyer
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