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- Can we still file a I-601A Hardship waiver?
Yes, you may still file Form I-601A, Application for Provisional Unlawful Presence Waiver. Applications for immigration benefits are still being filed with the United States Citizenship and Immigration Service (USCIS). It is recommended you contact an Immigration Attorney to discuss all of the risks involved in filing Form I-601A, and the process that follows if the I-601A is approved by the USCIS.
- What is the difference between CPT and OPT?
CPT stands for Curricular Practical Training, and it 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 stands for Optional Practical Training, and it 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.
- What is the three (3) to one (1) rule?
In the H-1B context, three (3) years of progressive experience equals one (1) year of education. A combination of education and experience can be utilized to satisfy the educational requirements for an H-1B specialty occupation. An evaluation must be prepared by a qualified professional and shall accompany the H-1B petition when filed with USCIS.
If you need assistance with your H-1B filing, please contact our office to schedule a consultation at info@mvplg.com.
- How long is it taking for the Department of Labor to issue a final wage determination for PERM?
Roughly 213 days.
- What is the deadline to file an H-1B CAP case for someone selected in the lottery?
June 30, 2025. USCIS must receive your petition on or before June 30, 2025. If you need assistance with preparing and filing your H-1B petition with the USCIS before the deadline, contact our office immediately at 240-390-0600 as time is running out.
- What happened to TPS for Nepal?
On June 6, 2025, the Department of Homeland Security (DHS) published a notice of termination in the Federal Register for Temporary Protected Status (TPS) for Nepal. TPS for Nepal was previously approved through June 24, 2025. DHS intends to terminate TPS for Nepal; however, they must acknowledge the 60-day statutory notice requirement. Given they did not provide notice 60 days prior to 06/24/2025, they are now providing notice and as a result, TPS for Nepal will be automatically extended to August 5, 2025, and after August 5, 2025, those with TPS from Nepal will no longer have TPS. We are hopeful that litigation is filed in the Courts to challenge DHS’ termination of TPS for Nepal. Stay tuned.
For more information on the termination of TPS for Nepal, see https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-nepal.
- What is the rule of law?
Everyone must follow the law.
Leaders must follow 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 prepare for the civics test. The USCIS provides 100 civics questions along with the answers to assist individuals in preparing for the civics test.
Test your knowledge of U.S. history and government here: https://www.uscis.gov/sites/default/files/document/questions-and-answers/100q.pdf
- What is the E3 visa?
The E3 visa classification is limited to Australian Professionals. The E-3 visa is a “specialty occupation” visa similar to the H-1B visa. Therefore, to be eligible for the visa, the Australian national must possess a bachelor’s degree or higher (or its equivalent) in the specialty and the specialty occupation must require the degree. There is a 10,500 annual limit on the E-3 visa. Contact our office to schedule a consultation to determine your eligibility for the E3 visa.
- With the government terminating all the TPS designations, how am I able to keep up with the I-9 requirements as an HR Director? How do I know what document proves the automatic extension, etc.?
The existing expired EAD along with the Federal Register notice terminating the designation may serve as proof of continuing employment authorization. The USCIS I-9 Employer Handbook is an excellent resource to assist you. Additionally, you can visit the USCIS website for each TPS designation and look for “Automatic Employment Authorization Document (EAD) Extension” in the drop-down selections. Contained within that section is additional guidance on how to re-verify employment based on an automatic extension.
- Where can I find my entry stamp?
If you are referring to your I-94 record, you may visit https://i94.cbp.dhs.gov/home and click on the option to Get most recent I-94.
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 27, 2025!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
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