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 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. 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.
Test your knowledge of U.S. history and government here: https://www.uscis.gov/sites/default/files/document/questions-and-answers/2025-Civics-Test-128-Questions-and-Answers.pdf
- We have an approved I-130 application. Can we still file a I-601A Hardship waiver with USCIS?
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 the risks involved in filing Form I-601A, and the process that follows if the I-601A is approved by the USCIS.
- My company is interested in sponsoring an individual for the employment based green card process. He has been in the country for many years, almost a decade, but I do not believe he entered with a visa. Can we proceed with sponsoring this individual, and what risks do we face if they do not have a visa?
You may initiate an employment based green card sponsorship case on behalf of any employee, whether present in the United States or located outside of the United States, if they satisfy the minimum education and experience requirements for the proffered position. However, for those employees inside the United States, in order to complete the last step of the process, the filing of the I-485, Application to Adjust Status to Permanent Resident once their priority date is current, the employee must have a lawful admission, meaning they were inspected, admitted or paroled into the United States. If the employee was not lawfully inspected, admitted or paroled into the U.S., then they cannot file Form I-485 and would need to Consular Process. If they entered the U.S. without authorization and remained in the U.S. for over 1 year, once they leave the U.S., they would likely trigger the 10-year bar. We recommend that you contact our office to schedule a consultation to discuss the case specific details, so you have a full and complete understanding of the process, and any risks involved.
- I have an employee who recently graduated from a U.S. university and presented her F1 OPT EAD to work. I am working on bringing him onboard and completing his paperwork. As it relates to his payroll, as an F1 student is he exempt from paying Social Security Tax and Medicare Tax?
Generally yes; however, it requires a case-by-case analysis of the foreign student’s immigration history in the United States. The IRS website provides helpful information.
- Is USCIS concurrently processing H4/H4 EAD requests filed with the H-1B in premium processing?
We see mixed outcomes based on the service center processing the primary applicant’s H-1B filing.
Under the Eadkunni v. Mayorkas settlement agreement (2023), USCIS was required to simultaneously adjudicate a properly filed H4 application if concurrently filed with a properly filed H-1B petition in regular or premium processing. Unfortunately, the terms of the 2-year settlement agreement expired back on January 18, 2025.
- If my H-1B is denied, can USCIS issue an NTA?
Yes, it is possible. On February 28, 2025, USCIS issued a Policy Memorandum entitled: Issuance of Notice to Appear (NTAs) in Cases involving Inadmissible and Deportable Aliens. A Notice to Appear is the charging document that instructs an individual to appear before an Immigration Judge at a certain time on a certain date. For beneficiaries of certain employment-based petitions, USCIS will issue an NTA where: (1) the decision on the petition is unfavorable; (2) the beneficiary is not lawfully present in the United States or is otherwise removable; and (3) The beneficiary is the signatory on the Petition for Nonimmigrant Worker (Form I-129).
Source: https://www.uscis.gov/sites/default/files/document/policy-alerts/NTA_Policy_FINAL_2.28.25_FINAL.pdf
- Is it true USCIS can deny a timely filed case without issuing a request for additional evidence (RFE), or a notice of intent to deny (NOID)?
Yes, based on the policy issued by USCIS on August 5, 2026. If you fail to properly demonstrate eligibility for the immigration benefit sought in the initial filing, USCIS may deny the application without first issuing an RFE or NOID.
- What forms are part of the mandatory e-filing requirement recently announced by USCIS?
At this time, USCIS has not provided any further information as to what forms will be required to be filed electronically through the USCIS portal. The only information we presently have is that USCIS may only make mandatory e-filing for those forms that have already been available for e-filing for 180 days. Based on the announcement, USCIS is to post a public warning on its website at least 60 days before stopping paper submissions for any specific form.
To view those forms already available for e-filing through the USCIS portal: https://www.uscis.gov/file-online/forms-available-to-file-online
- What are the current processing times for prevailing wage determinations for Green Cards from Department of Labor (DOL)?
As of 06/30/2026, they were issuing final prevailing wage determinations for initial prevailing wage requests filed in or before April 2026. We realize it is now August of 2026; however, the DOL has not updated their current processing times. The latest data is from 03/30/2026.
You may check the DOL website for the latest information @ https://flag.dol.gov/processingtimes
- What are the current processing times for the PERM/ETA Form 9089 (Labor Certification Application) from Department of Labor (DOL)?
As of 08/07/2026, they were issuing certified Labor Applications for initial Form ETA 9089s filed on or before September 2025.
You may check the DOL website for the latest information @ https://flag.dol.gov/processingtimes
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, August 28, 2026!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
Attorney Kellie Lego, 2026 Super Lawyer
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