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.
- I am looking for work in the United States. Once I secure an employer, I hope to obtain H-1B nonimmigrant visa status. Is your company 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.
- What is the rule of law?
Everyone must follow the law. Leaders must obey 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 study for the civics test. The USCIS provides 128 civics questions along with the answers to assist individuals in preparing for the civics test.
You can test your knowledge of U.S. history and government here:
- What are the processing times for a prevailing wage for a PERM/Labor filing?
Per the Department of Labor, Office of Foreign Labor Certification, as of 06/30/2026 they are currently processing Prevailing Wage Determination (PWD) requests that were submitted on or before April 2026.
- What about the current processing times for a PERM/Labor?
Per the Department of Labor, Office of Foreign Labor Certification, as of 07/09/2026 they are currently processing PERM ETA 9089 applications that were submitted on or before July of 2025.
- 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. If a foreign national student engages in 12 months or more of full time CPT they will not be eligible to receive OPT at the conclusion of their degree program.
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 are the three (3) and ten (10) year bars?
If you have either been in the U.S. without authorization, we call it EWI (entry without inspection), or overstayed your visa by 180 days, upon exiting the United States you would trigger the 3-year bar from lawfully returning to the United States. If you have remained in the United States without authorization or overstayed your visa for 1 year (365 days) or more, upon exiting the United States you would trigger the 10-year bar from lawfully returning to the United States.
- How can I obtain a green card? Are there options outside of family sponsorship or employment sponsorship?
There are roughly seven (7) different ways to obtain a Green Card to become a lawful permanent resident and then eventually apply for U.S. Citizenship. They include: Family Based/Marriage Based Sponsorship; Employment Based Sponsorship; Diversity Visa; Humanitarian Options – Asylee, Refugee, SIJS, T/U visas, VAWA; Investment Visa – EB5; Registry (resided continuously in the U.S. since before January 1, 1972); Other Categories: Liberian Refugee Immigration Fairness (LRIF), Cuban Adjustment Act; Haitian Refugee Immigration Fairness Act (HRIFA) dependent; Lautenberg parolee; Indochinese Parole Adjustment Act of 2000; American Indian born in Canada.
Source: https://www.uscis.gov/green-card/green-card-eligibility-categories
Feel free to contact our law firm to schedule a consultation about options that you may be eligible for.
- What is the Good Moral Character (GMC) standard for Naturalization?
As of August 15, 2025, USCIS is applying a rigorous, holistic, and comprehensive Good Moral Character (GMC) evaluation standard rather than just an absence of wrongdoing. This means that in addition to establishing that you have not done anything wrong, you will need to prove that you are a contributing member of society. USCIS is looking at the following factors: sustained community involvement and contributions in the U.S. (i.e., involvement in the Parent Teacher Association, involvement in social organizations, involvement in community service organizations, donations made to charitable organizations, etc.); family caregiving, responsibility, and ties in the U.S., (i.e., childcare responsibility and involvement, paying child support/alimony, existing family in the U.S., etc.); educational attainment (i.e., degree and transcripts, certifications, etc.); stable and lawful employment history and achievements (i.e., letter from employer, pay statements, 401k statement, etc.); length of lawful residence in the U.S.,; compliance with tax obligations and financial responsibility in the U.S. (i.e., submission of tax returns, proof of tax payment plans and compliance with those payments if applicable, credit report, etc.).
Link to USCIS GMC policy:
You should speak with an experienced Immigration Attorney prior to filing Form N400, Application for Naturalization with USCIS.
- With all these terminations of TPS, court orders extending TPS and changes with EAD validity periods, should I conduct an internal audit of our I-9 forms?
Yes, you should conduct an internal audit of your company’s I-9 forms to be prepared in case of a formal audit by ICE. In this environment, the best plan of action is to be prepared. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) adjusts the statutory minimum and maximum civil penalty fine amounts for knowingly hire/continuing to employ unauthorized worker violations and substantive violations/uncorrected technical or procedural failures (i.e., missing a signature or a date, failing to reverify, etc.). These amounts are subject to annual adjustment. Our law firm routinely conducts internal Form I-9 Audits for our clients. If you are interested in discussing the I-9 audit process, please contact our office at 240-390-0600 or contact us online at https://www.mvplawgroup.com/contact.
- If USCIS denies my I-485 petition, will I be issued a Notice to Appear?
Yes, it is likely. USCIS’ policy manual has always indicated that upon a denial of an immigration benefit, USCIS may issue a Notice to Appear in Immigration Court. It is important to speak with a qualified Immigration Attorney before submitting any request for an immigration benefit to USCIS.
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 31, 2026!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
Attorney Kellie Lego, 2026 Super Lawyer
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