MVP “Immigration Q & A Forum” – 7/3/26

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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.

 

  1. Will there be a second lottery drawing for the H-1B CAP?
The deadline to file for H-1B CAP cases initially selected in March of 2026 was June 30, 2026. If there are still H-1B CAP visa numbers available, then a second random lottery selection process may take place.  If it will happen, it is likely to occur by the end of July/early August 2026. There will be no announcement of the second random lottery selection process USCIS will automatically choose candidates, and employers and attorneys will be notified in their USCIS portal.
If there is not a second lottery process, and USCIS has received enough H-1B CAP petitions to satisfy the annual quota, then an announcement will be published by USCIS indicating such around the same time frame as mentioned above.
  1. My cousin has been scammed by someone who said they were an Immigration Attorney. They took his money and they are now not answering his calls. How do we find out if someone is a licensed Attorney? How can we report this?
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.
  1. With increased worksite enforcement under this Administration, I want to ensure that my HR team has a full understanding of the I-9 process, how to inspect documents, how to fill out the I-9, etc. Is there a resource that you recommend that could help us? 
Yes, the USCIS I-9 Employer Handbook is an excellent and recommended resource. I would also recommend that you conduct an internal audit of your I-9 forms every 6 months-1 year, depending upon your hiring practices. If you need assistance with conducting an internal I-9 audit, please contact our office.
  1. I do not know any attorneys and have not been able to find an attorney for an upcoming hearing at the Baltimore Immigration Court. 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.
  1. 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 06/08/2026 they are currently processing Prevailing Wage Determination (PWD) requests that were submitted on or before March 2026.
Per the Department of Labor, Office of Foreign Labor Certification, as of 06/30/2026 they are currently processing PERM ETA 9089 applications that were submitted on or before June of 2025.
  1. How can I check the Department of Labor processing times on my own?
Visit https://flag.dol.gov/, click on RESOURCES, and choose Processing Times from the drop-down menu. Source: https://flag.dol.gov/processingtimes
  1. My employer gave me my case number for my pending PERM ETA 9089 Labor application. How can I check the status of my case?
Visit https://flag.dol.gov/, click on RESOURCES, and choose Case Status Search from the drop-down menu, and enter your case number in the box, and hit Search. Source: https://flag.dol.gov/case-status-search
  1. Does the memo released by USCIS on Friday, May 22, 2026, stop people who are otherwise eligible for adjustment of status from applying for their Green Card from within the U.S.? Like, if we are eligible, we can still apply, right?
The memo does not change the law, statutory eligibility criteria, or stop USCIS from processing and approving I-485, Application to Adjust Status petitions. People who are eligible for adjustment of status should speak with an experienced Immigration Attorney to discuss their case. Adjudications by USCIS will continue to be made on a case-by-case basis.
  1.  As an F1 STEM OPT applicant am I required to request permission from my Designated School Official (DSO) each time I accept a new job offer during the validity period of my F1 STEM OPT?
Yes. You are absolutely required to request permission from your DSO each time you take up new employment with a new employer while utilizing your STEM OPT Employment Authorization Document (EAD). The STEM OPT requires that each employer that participates be enrolled in the E-Verify program and complete a Training Plan on Form I-983 with the F1 student. Not complying with these requirements is deemed unauthorized employment.

 

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 17, 2026!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

 

Attorney Kellie Lego, 2026 Super Lawyer

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