OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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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. Would you be able to tell me what the priority date is for an Employment Based applicant who filed in EB3 from India is for next month? I believe the Visa Bulletin for October 2025 was published this week and the internet has a lot of conflicting information.

Yes, the October 2025 Visa Bulletin was published on Monday, September 15, 2025. As October 1st begins a new Fiscal Year, the United States Citizenship and Immigration Service (USCIS) has published notice that eligible applicants are to follow the Dates for Filing Chart for Employment Based visa applications. As a result, eligible applicants from India who have filed under the Employment Based 3rd preference category are eligible to file their I-485, Application to Register Permanent Residence or Adjust Status with the USCIS if their priority date falls on or before August 15, 2014. The window to file is not until October 1st, 2025. Do not file the I-485 application until October 1st, 2025.  Our firm would recommend that you file early within the month of October as it is not guaranteed the USCIS will publish notice to once again follow the Dates for Filing Chart for the November 2025 Visa Bulletin.

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On Tuesday, September 16, 2025, USCIS announced that it has reached the H-2B cap for the first half of fiscal year 2026. September 12, 2025 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 1, 2026. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of H-2B workers for the first half FY2026. USCIS continues to accept petitions that are exempt from the congressionally mandated H-2B cap.

For more detailed information about this subject please review the USCIS News Alert, “USCIS Reaches H-2B Cap for First Half of FY 2026“.

Source of Information:

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The Department of State has released its latest Visa Bulletin.

Click the link to view the October 2025 Visa Bulletin

The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).

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We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, September 19, 2025. Act now and submit your questions!

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UPDATE: Explore American Immigration Council’ interactive map to get more comprehensive information on U.S. immigration data and its impact!

The American Immigration Council (AIC) has released all fifty states and the District of Columbia, for a total of fifty-one updated state-by-state fact sheets highlighting immigration data and facts. These fact sheets highlight the demographic and economic impact of Immigrants in each state.

With national immigration policy being discussed, we thought that it would be a good time to provide some statistics on the Immigrant population in the United States as provided by this AIC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Arkansas, California and Colorado!

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On Wednesday, September 3rd, Secretary of Homeland Security, Kristi Noem announced the termination of Temporary Protected Status (TPS) for Venezuela. The TPS designation for Venezuela is set to expire September 10, 2025, and will terminate 60 days later! The Secretary has decided that they do not qualify for TPS, and she will terminate it.

For more information, please review the USCIS News Alert, “DHS Terminates 2021 Designation of Venezuela for Temporary Protected Status“! 

  
Background: 

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Posted in: TPS
Updated:

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On Wednesday, September 2nd, AP News reported that the Secretary of Defense, Pete Hegseth has approved sending up to 600 military lawyers to serve as temporary immigration judges! These judges will be used to help with President Trump’s cracks down on illegal immigration as they speed up arrests and deportations. 

For more information, please read the AP News article, “Pentagon authorizes up to 600 military lawyers to serve as temporary immigration judges“! 

 
Source of Information: 

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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. What are the average processing times for prevailing wages from the Department of Labor (DOL)? As of 09/01/2025 (the last update on the DOL website), they are currently issuing final prevailing wage determinations for initial prevailing wage requests submitted in May 2025.

 

  1. What are the current processing times for the Labor Certification Application from Department of Labor (DOL)? As of 09/01/2025 (the last update on the DOL website), they are currently issuing certified Labor Applications for initial Form ETA 9089 filed on or before June 2024.
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