H1B Visa Lawyer Blog
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- What will happen if I do not register under the new 4/11/2025 Registration requirement? There are three (3) components to this registration requirement, and thus three (3) different penalties. (1) If you do not register and provide fingerprints, the penalty is a fine of up to $5,000, imprisonment up to 180 days, or both. (2) If you do not carry evidence of compliance (18 and over), the penalty is a misdemeanor with a fine of up to $5,000, imprisonment for not more than 30 days, or both. (3) If you do not notify DHS in writing of each change of address within 10 days of moving, the penalty is a misdemeanor with a fine up to $5,000, imprisonment for not more than 30 days, or both. There are serious consequences involved for not complying with the registration requirement, as well as serious risks involved in complying with the registration requirement. YOU SHOULD SPEAK WITH A QUALIFIED IMMIGRATION ATTORNEY AND/OR CRIMINAL ATTORNEY BEFORE SUBMITTING A REGISTRATION FORM ONLINE.
- Is Venezuela TPS still valid? Yes, on March 31, 2025, Judge Edward Chen, a federal judge in San Francisco, ordered the Department of Homeland Security (DHS) to continue TPS for Venezuelans. See National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766 (N.D. Cal. Mar. 31, 2025).
- How long is it typically taking for a EAD to be issued after filing for Adjustment of Status based on Marriage to a United States Citizen? It depends upon the Service Center processing your I-765, Application for Employment Authorization. Based on the USCIS website, processing times depending upon Service Center range from 3.5 months to 8 months. The National Benefits Center is taking on average 3.5 months to process a Family Based AOS EAD. The California Service Center is taking on average 6 months. The Nebraska Service Center is taking on average 5.5 months. The Texas Service Center is taking on average 6.5 months. The Vermont Service Center is taking on average 8 months. Please note that these are the processing times as posted on the USCIS website, in reality, it can take the USCIS a longer period of time than that listed, or a shorter period of time than that listed.
- What is required to Register? The Registration requirement has three (3) components: (1) Submitting a Registration Form (G-325R) online through the USCIS website and attending a fingerprint appointment; (2) Carrying sufficient proof that you submitted the Registration Form and were fingerprinted; and (3) notifying the USCIS of any change in address within 10 days of moving.
- What is the status of the lawsuit filed to protect TPS for Haitians? It remains pending before the Court. Haitian Evangelical Clergy Association v. Trump, filed in the U.S. District Court for the Eastern District of New York on March 14, 2025.
- I was selected in the H-1B CAP but I will not receive my master’s degree until the 2nd week in May of 2025, will that be too late to file my H-1B CAP case with the USCIS? No, individuals selected in the H-1B CAP FY2026 random lottery selection process have from April 1, 2025 through June 30, 2025 to file their H-1B CAP petitions with the USCIS for the case to be considered a timely filing.
- Will TPS for Afghanistan and Cameroon be terminated? Earlier this month the Trump Administration indicated that it would terminate TPS for both Afghanistan and Cameroon. TPS for Afghanistan would terminate in May 2025, and TPS for Cameron would terminate in June 2025. We are still awaiting the official notice to be published in the Federal Register. A lawsuit is likely to be filed to stop the Administration from terminating TPS for Afghanistan and Cameroon.
- What happened to the CHNV program? Official notice was published in the Federal Register on March 25, 2025, indicating the Administration was terminating the CHNV Parole program. Over 500,000 Cubans, Nicaraguans, Haitians and Venezuelans in the United States would have their parole and employment authorization terminated effective 4/24/2025. Although on April 14, 2025, the U.S. District Court for the District of Massachusetts issued a ruling temporarily blocking the Trump Administration’s termination of parole and employment authorization for those recipients of the CHNV Parole program.
- How long is it taking the Department of Labor (DOL) to certify a Labor Application? The last Labor Application that our firm received from the DOL was certified after 17 months. The Labor application was filed in November of 2023.
- I have plans to travel internationally next month and I am wondering if I should delay or cancel my trip. My green card has expired but I have a I-751 receipt notice that says that I can travel abroad, it says it serves as my proof of lawful permanent residency. I’ve been hearing all types of stories, so should I travel? In a normal world, you would be able to travel internationally with your expired Green Card and the original I-751 receipt notice without issue; however, things are not normal right now. You should consider scheduling a consultation with an experienced Immigration Attorney to thoroughly discuss your entire immigration history before making a final decision as to travel internationally or not.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, May 2, 2025!
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