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.
- What is the deadline to submit an H-1B CAP petition for Fiscal Year 2027? My employer has not yet filed the case and I’m worried about my case not being filed on time.
The deadline for H-1B CAP petitions for FY2027 to be filed with United States Citizenship and Immigration Services (USCIS) is June 30, 2026. There is still sufficient time to file a proper H-1B CAP petition with USCIS.
- What countries still have TPS available?
The countries that are still currently designated for Temporary Protected Status are: Burma (Myanmar), El Salvador, Ethiopia, Haiti, Lebanon, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen.
The TPS designations for Somalia, Haiti, Burma (Myanmar), Honduras, Nepal, Nicaragua, Ethiopia, South Sudan, and Venezuela are currently under active litigation.
Countries previously designated for TPS prior to the Trump Administration were: Afghanistan, Cameroon, Guinea, Liberia, and Sierra Leone.
- What are the current PWD processing times for PERM?
Per the Department of Labor, Office of Foreign Labor Certification, as of 04/30/2026 they are processing Prevailing Wage Determination (PWD) forms that were submitted on or before February of 2026.
- What about the current PERM processing times?
Per the Department of Labor, Office of Foreign Labor Certification, as of 04/30/2026 they are processing PERM ETA 9089 forms that were submitted on or before February of 2025.
- I received an alert in my USCIS portal indicating that my case is continuing to process on April 28, 2026. I haven’t received anything by mail about my case. What does this mean? Should I be concerned?
On April 27, 2026, United States Citizenship and Immigration Services (USCIS) implemented a new enhanced security vetting process requiring fingerprint information to be resubmitted for most pending cases in which biometrics were collected prior to April 27, 2026. This enhanced screening is part of an expanded background check involving increased access to Federal Bureau of Investigation (FBI) criminal history databases. This enhancement was carried out pursuant to Trump’s Executive Order 14385.
This screening has resulted in a pause in the approval of the benefit application. At this time, we are not aware of how long the enhanced screening process will take; however, immigration benefit interviews will continue to proceed as scheduled.
- How can I determine if I am eligible to apply for Naturalization?
You can use the Naturalization Eligibility Tool located on USCIS’ website: https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility-tool-0
You may schedule a consultation with an experienced Immigration Attorney to discuss the eligibility requirements and whether you qualify.
- What is the difference between the IR3 and IR4 category?
IR3 is reserved for adoptions finalized abroad, and upon entering the United States and meeting other age and custody requirements, Citizenship is automatic; whereas IR4 is reserved for children who will be adopted in the United States. The IR4 category requires a full and final adoption proceeding in a U.S. State Court, along with meeting other age and custody requirements before Citizenship is automatic.
To establish citizenship, qualifying applicants may apply for a U.S. passport and/or file Form N600, Application for Certificate of Citizenship with the United States Citizenship and Immigration Services (USCIS).
- A friend of mine has been scammed by someone who said they were an Immigration Attorney but just took her money and is now not answering her calls. How do we find out if someone is a licensed Attorney?
For the State of Maryland, you can visit the Maryland Courts, Attorney Information System (AIS) and Search for a Licensed Maryland Attorney.
To report the scam, and/or the unauthorized practice of law in the State of Maryland, you may contact the Attorney Grievance Commission and Office of Bar Counsel and/or the Consumer Protection Division of the Office of the Attorney General of Maryland.
- What is the current USCIS filing fee for upgrading a pending H-1B filing from regular processing to premium processing?
$2,965.00. The fee can be paid through Form G-1450, Authorization for Credit Card Transactions, or through Form G-1650, Authorization for ACH Transactions.
- I do not know any attorneys and have not been able to find an attorney for an upcoming hearing. Can you refer one to me?
The Department of Justice, Executive Office of Immigration Review (EOIR), provides a List of Pro Bono Legal Service Providers by State that are reputable agencies available to assist individuals in proceedings before EOIR.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, June 5, 2026!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
Attorney Kellie Lego, 2026 Super Lawyer
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