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 changing in September 2026? Will there be a grace period?
Certain forms are being revised and released in September 2026 by USCIS.
New 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
New Forms I-864, I-864A and I-864EZ were initially released on August 31, 2026 with no grace period. Thanks to a lawsuit filed by a DC Law Firm and AILA, USCIS has now provided a grace period to accept the 10/17/24 editions of the Forms. The prior editions of Forms I-864, I-864A and I-864EZ have a 30-day grace period. Beginning October 1, 2026, USCIS will ONLY accept the 08/24/2026 edition of Forms I-864, I-864A, and I-864EZ. Source: https://www.uscis.gov/i-864; https://www.uscis.gov/i-864a; https://www.uscis.gov/i-864ez
It is highly recommended that before filing ANY application for immigration benefits with USCIS you check the Edition Date for the Form on USCIS’ website. Source: https://www.uscis.gov/forms/all-forms
Other forms have been updated by USCIS; however, we have only provided the forms routinely used by our clients and our blog readers.
- What happened with TPS for El Salvador? Is it still on or was it terminated?
The scheduled termination date for TPS for El Salvador was 09/09/2026. The Department of Homeland Security (DHS) failed to make an announcement 60 days prior to the scheduled expiration date and did not issue an announcement on 09/09/2026. As a result of their failure to make an announcement, TPS for El Salvador will statutorily continue for at least another six (6) months. DHS has announced that with the extension, work authorization will follow; however, DHS has not published any official notice in the Federal Register for I-9 re-verification purposes. Source: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-el-salvador
- How long is processing taking for Form I-751, when requesting to remove conditions on residency?
As of 09/11/2026, Form I-751, Petition to Remove Conditions on Residence is currently taking approximately 33.5 – 37 months to be adjudicated by the USCIS once filed.
You may monitor the processing times by visiting the USCIS website at: https://egov.uscis.gov/processing-times, locating the form in the drop-down menu, and choosing the proper form category from the drop-down menu, along with choosing the appropriate field office or service center processing the case. Once you make all those choices, click ‘Get Processing Time’ and the estimated processing time for the form will appear.
- Are H4 extension of status cases still being processed at the same time as the H-1B extension, if filed concurrently?
Unfortunately, we are no longer seeing H4 Extension of Status (EOS) filings being processed with the concurrently filed H-1B Extension of Status (EOS) filing. For several months, we did see approvals for the concurrently filed H1B and H4 filed with premium processing.
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.
- 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 made on 08/10/2026, effective 08/11/2026, USCIS is to post a public announcement 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 the PERM/ETA Form 9089 (Labor Certification Application) from Department of Labor (DOL)?
As of 08/31/2026, the Department of Labor (DOL) was issuing certified Labor Applications for initial Form ETA 9089s filed on or before November 2025.
You may check the DOL website for the latest information @ https://flag.dol.gov/processingtimes
- What are the current processing times for prevailing wages for Green Cards issued by the Department of Labor (DOL)?
As of 08/31/2026, the Department of Labor (DOL) was issuing final prevailing wage determinations for initial prevailing wage requests filed in or before May 2026.
You may check the DOL website for the latest information @ https://flag.dol.gov/processingtimes
- My sister-in-law has been scammed by someone who said they were an Immigration Attorney. They took her money and they are now not answering her calls. Her hearing is coming up at the end of the month. 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.
- I need a good immigration attorney 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.
You can also find a private immigration attorney through the American Immigration Lawyers Association (AILA) Find an Immigration Lawyer database: https://www.ailalawyer.com/.
- 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.
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 25, 2026!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
Attorney Kellie Lego, 2026 Super Lawyer
MVP Law Group social media:
Blog: www.h1bvisalawyerblog.com
Website: www.mvplawgroup.com
Facebook: www.facebook.com/mvplawgroup
Twitter: www.twitter.com/mvplawgroup