MVP “Immigration Q & A Forum” – 5/16/25

1. Are H4 and H4 EAD requests filed concurrently with H-1B extension petitions being processed and approved at the same time?

USCIS has indicated that it would stop the practice of adjudicating the H4 & H4 EAD petitions concurrently filed by dependents with the H-1B extension petition; however, in practice, we are still seeing cases approved together, or within a few days/weeks of each other.

 

2. My company is interested in sponsoring an individual for the employment based green card sponsorship process. She has been in the country for several years, but I do not believe she entered with a visa. Can we proceed with sponsoring this individual, and what risks do we face if they do not have a visa?

You may initiate an employment based green card sponsorship case on behalf of any employee, whether present in the United States or located outside of the United States., as long as they satisfy the minimum education and experience requirements for the proffered position. However, for those employees inside the United States, in order to complete the last step of the process, the filing of the I-485, Application to Adjust Status to Permanent Resident once their priority date is current, the employee must have a lawful admission, meaning they were inspected, admitted or paroled into the United States. If the employee was not lawfully inspected, admitted or paroled into the U.S., then they cannot file Form I-485 and would need to Consular Process. If they entered the U.S. without authorization and remained in the U.S. for over 1 year, once they leave the U.S., they would likely trigger the 10-year bar. We recommend that you contact our office to schedule a consultation to discuss the case specific details so you have a full and complete understanding of the process, and any risks involved.

 

3. Will TPS for Afghanistan be extended beyond May 20, 2025?

A Federal Register notice was published on May 13, 2025, indicating that TPS for Afghanistan will be terminated, effective July 14, 2025. This means that the Administration is terminating TPS for Afghanistan, and the EAD issued for the applicant will automatically extend through 7/14/2025 the effective date of termination unless litigated. There are several ongoing  lawsuits because the Department of Homeland Security (DHS) is not providing the full and proper notice of termination of TPS designations as required under the regulations. Stay tuned for more information.  See: https://www.federalregister.gov/documents/2025/05/13/2025-08201/termination-of-the-designation-of-afghanistan-for-temporary-protected-status

 

4. Will TPS for Cameroon be extended beyond June 7, 2025?

The Administration indicated back in March 2025 that it intended to terminate the TPS designation for Cameroon; however, they have yet to publish official notice of the termination of TPS for Cameroon in the Federal Register as required by the regulations. Under the regulations they must provide this notice in the Federal Register at least 60 days prior to its current expiration. Stay tuned for more information.

 

5. I was selected in the H-1B lottery process, and my employer already filed my I-129 and it was approved. I am excited to start working with them in October 2025.  Also, I have 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.? It may be possible but depends upon your particular facts. 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, 2025, 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, 2025. Again, it may be possible but depends upon your particular facts. 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.

 

6. I am looking for work in the United States and once I secure an employer, I hope to obtain H-1B nonimmigrant visa status. Is your firm able to assist me in finding an Employer willing to sponsor me?

No, our law firm is not able to assist you in finding an employer willing to sponsor you. Once you locate an employer willing to sponsor you, we can certainly assist both you and your employer with the process; however, we are unable to assist you in your job hunt. Furthermore, unless the U.S. employer qualifies as a H-1B CAP EXEMPT employer, you will need to have a U.S. employer prepare and submit an H-1B CAP registration on your behalf in March of 2026 and hope that you are randomly selected in the lottery process so that your employer can then file an H-1B CAP petition on your behalf with the USCIS for work to begin as of October 1, 2026, if approved by the USCIS. For more information about the H-1B CAP registration process, see: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process To schedule a consultation with our firm, please visit: https://www.mvplawgroup.com/contact

 

7. My employer has offered to sponsor my Green Card. I would like to file under the Employment Based 2^nd Preference Category (EB2) because it moves much faster than the Employment Based 3^rd Preference Category (EB3). How can we get started with the process?

First and foremost, the Employment Based Green Card sponsorship process is an Employer-driven process, meaning your employer ultimately makes the decision of which category to file under based on the minimum education and experience requirements for the position they have offered you. You do not get to dictate the process under which you will be filing. Your employer offers you a position, and whether you are filed under EB2 or EB3 depends upon the minimum education and experience requirements for the position for which you have been offered sponsorship. 

 

8. I just arrived in the United States as an H4 nonimmigrant; I am dependent upon my husband’s H1B visa. I had my H4 visa stamping interview just last week. Do I need to register under the new registration requirement announced by the USCIS?

From our understanding of the registration requirement, it would appear that you are NOT required to register, as you have already complied with the registration requirement because you obtained an H4 visa abroad through a visa stamping interview. There are two additional requirements under the registration rule: (2) carry proof of registration – you should print out and carry at all times your I-94 travel record which can be found by visiting: https://i94.cbp.dhs.gov/home and clicking on ‘Get Most Recent I-94’, and (3) notifying the USCIS of any change in address within 10 days of any move within the United States by filing FORM AR-11, or by mailing it to the USCIS. See more about the registration requirement from USCIS:  https://www.uscis.gov/alienregistration. See a more detailed breakdown of the registration requirement from the Immigrant Legal Resource Center: https://www.ilrc.org/community-resources/new-registration-requirement-frequently-asked-questions

 

9. My wallet was stolen on the subway, and I lost my green card. How much does it cost to replace it and how long will it take?

If you file through your USCIS account, it will cost $415.00. If you prepare and submit Form I-90 to the USCIS by mail it will cost you $465.00. Current processing times for Form I-90 show that 80% of cases are completed within 26 months.

 

10. How long does it take to get a green card prevailing wage back from the Department of Labor? How long does it take for the Green Card Labor Application to process once submitted to the Department of Labor.

It is currently taking approximately 206+ days to get a final wage determination from the DOL for the PERM process. It is currently taking approximately 15-17 months to get a certified Labor Application from the DOL for the PERM process.