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 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
- How much is the new fee that will be required for H-1B CAP subject cases?
As of August 24, 2026, the Department of Homeland Security (DHS) is attempting to establish a $103,265.00 fee to be applied to all H-1B CAP subject petitions, 85,000 annually. This fee would be in addition to the existing filing fees required for each filing. The government has indicated that it anticipates receiving $8.8 billion annually from this fee alone. DHS has indicated that the fee would be used to generate revenue to recover a portion of the federal government’s costs for administering the lawful immigration system. They are attempting to generate this revenue because they believe American businesses have the ability to pay it. It is important to note that approximately 96% of USCIS’ operating budget is from filing fees rather than congressional appropriations. USCIS website provides the following:
Unlike most government agencies, U.S. Citizenship and Immigration Services (USCIS) is not dependent on taxpayer dollars. USCIS is authorized to recover the full cost of providing immigration and naturalization services (screening, vetting, and adjudicating applicants and their benefit requests). USCIS receives 96 percent of its funding from filing fees and not from congressional appropriations.
“The proposed H‑1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers,” said U.S. Citizenship and Immigration Services spokesperson Zach Kahler.
It is still just a proposed fee and has not been implemented yet. You may submit a comment on the proposed fee until 11:59pm (est.) on 09/24/2026. We encourage you to submit a comment.
To submit a comment: https://www.federalregister.gov/documents/2026/08/25/2026-17324/fee-for-certain-h-1b-petitions#open-comment
- If someone is denied an Immigrant Visa at a Consulate, I heard that they may be able to overcome that denial by paying/posting a bond. Is this true and can we apply for it now, and how much is it?
As of August 5, 2026, the Department of State (DOS) has announced it is rolling out a public charge bond pilot program. Based on the limited information available, a Consular Officer will set the amount of the bond based on the totality of the circumstances of each case. At this time DOS is still implementing this process for select applications so you may not apply for it right now. Applicants who are required to post a bond will be notified by a consular officer. A public charge bond must be at least $1,000.00; however, it is likely the public charge bond will be significantly higher.
As with DOS, USCIS officers will consider how much government assistance the applicant may be eligible for and potentially receive over the next five years in determining how much the public charge bond amount will be.
Sources: https://travel.state.gov/content/travel/en/News/visas-news/public-charge-bonds-for-immigrant-visa-applicants.html, https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-on-making-public-charge-inadmissibility-determination
- Has there been any updates on the Visa Bond program? Has it been expanded?
The Visa bond program is now permanent and is no longer a pilot program. It became a permanent program on August 3, 2026. 50 total countries are subject to the visa bond. Those countries include:
Algeria, Angola, Antigua and Barbuda, Bangladesh, Benin, Bhutan, Botswana, Burundi, Cabo Verde, Cambodia, Central African Republic, Cote d’Ivoire, Cuba, Djibouti, Dominica, Ethiopia, Fiji, Gabon, The Gambia, Georgia, Grenada, Guinea, Guinea Bissau, Kyrgyzstan, Lesotho, Malawi, Mauritania, Mauritius, Mongolia, Mozambique, Namibia. Nepal, Nicaragua, Nigeria, Papua New Guinea, Sao Tome and Principe, Senegal, Seychelles, Tajikistan, Tanzania, Togo, Tonga, Tunisia, Turkmenistan, Tuvalu, Uganda, Vanuatu, Venezuela, Zambia and Zimbabwe.
Any citizen or national traveling on a passport issued by one of these countries, who is found otherwise eligible for a B1/B2 visa, must post a bond for $10,000, $15,000 or $20,000. The initial $5,000 option has been eliminated. As a condition of the bond, all visa holders who have posted a visa bond must enter and exit the United States through designated ports of entry.
Source: https://travel.state.gov/content/travel/en/News/visas-news/countries-subject-to-visa-bonds.html,https://www.federalregister.gov/documents/2026/08/03/2026-15726/visas-visa-bond-program.
- What countries still have Temporary Protected Status (TPS)?
The countries that are still currently designated for Temporary Protected Status are: El Salvador, Lebanon, Sudan, Ukraine and Venezuela.
The TPS designations for Somalia, Burma (Myanmar), Honduras, Nepal, Nicaragua, Ethiopia, South Sudan, and Venezuela are currently under active litigation.
- I heard about the expedited visitor visa. What countries are currently eligible to apply for it?
The Nonimmigrant Visa Expedited Appointment Pilot Program was just announced on July 21, 2026. The Pilot program will be tested at select U.S. embassies and consulates through December 31, 2026. Under the program those eligible for a B visa (Visitor Visa), may pay a $750.00 per appointment fee to schedule a visa interview within 10 business days (subject to availability). This fee is in addition to the normal $185.00 MRV fee required when scheduling an appointment. The expedited appointment fee is not refundable.
At first, only Mission Mexico (Embassy and all consulates) was participating in the pilot program. As of August 18, 2026, the following countries have been added:
Mission Canada (Embassy and all consulates)
Embassy Bogota (Columbia)
Embassy Guatemala City (Guatemala)
Embassy San Jose (Costa Rica)
Embassy Tegucigalpa (Honduras)
- Are certain forms changing in September 2026? Will there be a grace period?
Yes, certain forms are being revised and released in September 2026.
Forms I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization will be available on 09/15/2026. There will be NO grace periods for Form I-539 and I-765. Meaning the new I-539 and I-765 forms must be filed on or after September 15, 2026, no prior editions will be accepted on or after September 15, 2026. Source: https://www.uscis.gov/newsroom/alerts/uscis-to-publish-new-editions-of-form-i-539-and-form-i-765-older-editions-will-be-rejected-starting
A new Form I-485, Application to Register Permanent Residence or Adjust Status will be available on 09/18/2026. There will be NO grace period for Form I-485. Meaning the new Form I-485 must be filed on or after September 18, 2026, no prior editions will be accepted on or after September 18, 2026. Source: https://www.uscis.gov/newsroom/alerts/uscis-to-publish-new-edition-of-form-i-485-older-editions-will-be-rejected-starting-sept-18
- What are the current processing times for prevailing wages for Green Cards issued by the 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 less than a week from September 2026; however, the DOL has not updated their current processing times. The latest data is from 06/30/2026.
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 08/20/2026, 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
- Am I still able to renew my DACA and EAD? Should I?
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) although final decisions are being significantly delayed.
If eligible and already a DACA recipient, you are encouraged to continue to renew your DACA. If something has occurred between your prior renewal and the present time, you should contact an experienced Immigration Attorney to discuss the risks associated with filing an application to renew your DACA.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, September 11, 2026!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
Attorney Kellie Lego, 2026 Super Lawyer
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