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 happening during adjustment interviews now given the USCIS May 2026 memo?
The memo was released without any guidance to Field Offices/Adjudicating Officers, and therefore, individual experiences during AOS interviews across the United States have been inconsistent in applying the memo since its release. Four (4) common questions have been asked at AOS interviews, which include: (1) Why did you apply for AOS instead of Consular Processing? (2) Are there any factors preventing you from Consular Processing? (3) Why did you not leave after your period of authorized stay expired? (4) Do you have any family still living there? There have been several reports from our colleagues that the questions above were not asked during the interview but were listed in a subsequent request for additional evidence (RFE), issued after the interview. Other reports indicate that applicants were asked the above questions during the interview and had to answer them through a sworn signed statement. Additionally, there have been other reports of individuals receiving approval shortly after interview. Our office has attended several Adjustment of Status interviews at the USCIS Fairfax VA office in the last week and the questions as mentioned above were NOT addressed. The best approach is to speak with a qualified Immigration Attorney to thoroughly discuss your case and immigration history and to be prepared to address the questions.
- What is the deadline to submit an H-1B CAP petition for Fiscal Year 2027? My employer has not filed the case yet 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 time to file a proper H-1B CAP petition with USCIS; however, time is of the essence. You may file a paper-based H-1B CAP petition with USCIS, or you may file an H-1B CAP petition electronically through the USCIS website. An electronic filing may be something of interest to your employer to ensure the case is accepted and receipted in time.
- 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. DACA renewals are continuing to be accepted and processed by United States Citizenship and Immigration Services (USCIS).
- Should I be carrying proof of my status?
Everyone has basic rights under the U.S. Constitution. You do have the right to remain silent, and if you wish to exercise that right, you should show your Red Card, or if you do not have Red Card, say it out loud that you wish to remain silent. Whether to remain silent or speak with the authorities will depend on a case-by-case basis. If you do not wish to be caught up in the illegal mass deportation frenzy happening within the United States by ICE, you may carry a copy of your U.S. passport, your U.S. state issued identification card or U.S. state issued driver’s license, your Green Card, your valid visa, your I-94 record if it hasn’t expired, etc. Please note that by displaying the copy to the authorities, they may not believe the authenticity of the document and could still subject you to further questioning and/or detention. However, if you carry the original, they could seize it and make it extremely difficult if not impossible to get it back. You have the right to remain silent. You have the right to refuse consent to a search of your person, your car and your home without a signed judicial warrant. You have the right to speak with an Attorney before answering any questions. You should NOT sign anything. If you do not have a Red Card, order your Red Card or print one out here – https://www.ilrc.org/red-cards-tarjetas-rojas.
- I was terminated by my employer last week. This week I found a new job and the company is willing to transfer my H-1b visa to their company. When can I start working with the new employer? They are ready for me to start next Monday?
You should not be working during your grace period for anyone. Your new employer must file an H-1B transfer/extension petition on your behalf with USCIS before you are able to begin working for a new employer.
- I heard about the bond requirement for Visitor Visas, and I wanted to know if my relative would have to post a bond to come to visit me in the States. I am pregnant and scheduled to give birth to my child in the 2nd week of July. She is a mother figure to me and I’d really like to have her by my side through this.
You did not provide your relative’s country of birth. Depending upon the country, it is possible she may be subject to the new bond requirement. The Department of State has created a bond program for nationals from countries with high rates of visa overstay. A visa overstay means remaining in the United States beyond the departure date listed on your I-94 record. The bond amounts can be $5,000, $10,000, and $15,000 and will be returned upon a nationals return to their home country. For those subjected to the bond, they would need to use a specific port of entry for arrival to the U.S. and for departure from the U.S.
To review the countries subject to the Visa bond program: https://travel.state.gov/content/travel/en/News/visas-news/countries-subject-to-visa-bonds.html
- Are H-1B applicants also subject to the social media review prior to attending an interview and receiving a nonimmigrant visa at a Consulate abroad?
Yes.
Effective March 30, 2026, the Department of State will expand online presence review to include applicants in the following additional nonimmigrant visa classifications: all A-3, C-3 (if a domestic worker), G-5, H-3, H-4 dependents of H-3, K-1, K-3, Q, R-1, R-2, S, T and U. To facilitate this vetting, all applicants are instructed to adjust the privacy settings on all their social media profiles to “public” or “open.”
- I am presently 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 2027 and hope that you are 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, 2027, 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.
- An employee with an EAD bearing a category C33 just recently renewed her EAD and her current EAD is set to expire as of June 26, 2026. Can you please advise me as to what I report in her I-9 form for re-verification purposes?
Deferred Action for Childhood Arrival (DACA) applicants are not eligible for an automatic extension of the EAD upon the timely filing of an EAD renewal application. In order to continue employment beyond the current expiration date of June 26, 2026, the DACA recipient must have a new EAD valid for a period beyond June 26, 2026. Accordingly, until the renewed EAD is physically in the applicant’s hand, they will be unable to continue employment beyond the expiration date of June 26, 2026.
- Where can I find the latest version of Form I-9?
The latest version of Form I-9, Employment Eligibility Verification, can be found by visiting the USCIS website. I would also recommend that you download the Employer Handbook to assist your company with properly completing I-9 Forms and overall compliance. It is imperative in this current environment that your company have its own internal I-9 audit process. If you are interested in having your I-9 Forms Audited or assistance with setting up an internal I-9 audit process, please contact our office to schedule a consultation.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, July 3, 2026!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
Attorney Kellie Lego, 2026 Super Lawyer
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