The U.S. Court of Appeals in Washington, D.C. has decided to expedite the lawsuit filed by the U.S. Chamber of Commerce against the Trump administration challenging the increase in the H-1B visa application fee, so that a decision may be issued before the H-1B filing period in March 2026.
In September 2025, the Trump administration increased the H-1B visa application fee to $100,000 for applicants residing outside the United States. In December of that year, the U.S. District Court for the District of Columbia ruled that the fee increase was lawful, and the U.S. Chamber of Commerce appealed the decision.
In addition to the fee increase, USCIS changed the H-1B selection process by dividing applicants into four wage levels. Under the new system, Level IV applicants receive four opportunities to participate in the selection process, Level III applicants receive three, Level II applicants receive two, and Level I applicants receive one. As a result, applicants with higher salaries have a greater chance of being selected.
One-Year Foreign Residence Requirement for R-1 Religious Workers Eliminated
The immigration regulation requiring R-1 religious workers who have remained in the United States for five years to reside outside the United States for at least one year before returning in R-1 status was eliminated in January 2026. As a result, U.S. religious organizations can continue employing the same religious workers with less interruption to their activities.
An R-1 visa may initially be approved for up to 30 months and extended for an additional 30 months, for a maximum stay of 60 months. Although the one-year foreign residence requirement has been eliminated, R-1 religious workers must still depart the United States after five years before seeking reentry.
EB-1A Immigrant Visa Applicants Face Longer Interview Wait Times
The waiting period for EB-1A extraordinary ability green card applicants to attend immigrant visa interviews at the U.S. Embassy in Seoul after approval of their immigrant petitions has increased to more than one year.
In 2024, it generally took approximately 11 months from submitting the required immigrant visa documents to the National Visa Center (NVC) until an immigrant visa interview was scheduled. Since mid-2025, however, an increasing number of applicants have been waiting more than one year after submitting their documents to the NVC.
Applicants who need to enter the United States sooner may consider either ① applying for a separate visa that permits immigrant intent after approval of the immigrant petition, or ② obtaining an appropriate visa, entering the United States, and then pursuing the EB-1A green card process through adjustment of status in the United States.
Employment Authorization Document (EAD) Validity Reduced to 18 Months
Beginning in December 2025, USCIS reduced the validity period of certain Employment Authorization Documents (EADs) from five years to 18 months.
An EAD allows eligible applicants to work legally in the United States while their applications for adjustment of status to permanent residence are pending. Following the COVID-19 pandemic, as EAD processing times increased, the validity period was extended to five years. With the validity period now reduced to 18 months, applicants whose green card cases remain pending for extended periods may need to renew their EADs.
U.S. Supreme Court Agrees to Review Executive Order Restricting Birthright Citizenship
The U.S. Supreme Court has agreed to review legal challenges to the executive order restricting birthright citizenship signed by President Trump in January 2025, with a decision expected before the summer of 2026.
President Trump’s executive order seeks to prevent certain children born in the United States to undocumented immigrants or temporary visa holders from acquiring U.S. citizenship at birth. Civil rights organizations challenged the executive order as unconstitutional, and several federal district courts ruled against it. The Trump administration subsequently sought Supreme Court review, which the Court agreed to hear, with proceedings expected to begin this spring.
Analysis: E-2 Employee Visa vs. L-1 Intracompany Transferee Visa for EB-1C Green Card Eligibility
The approval standards for L-1 intracompany transferee visas do not appear to have changed significantly under the second Trump administration.
As interest among expatriate employees in obtaining U.S. permanent residence continues to grow, LAWAMERICA has published an analysis on its blog comparing E-2 employee visas and L-1 intracompany transferee visas for individuals who may later pursue permanent residence under the EB-1C multinational manager or executive category.
[Case Review] L-1A Intracompany Transferee Visa Approved for Executive Transfer to U.S. Subsidiary
Key Considerations for EB-1C Green Card Applications
LAWAMERICA has also published an analysis on its blog explaining key factors to consider when applying for permanent residence under the EB-1C multinational manager or executive category.
Obtaining U.S. Permanent Residence Through the EB-1C Multinational Manager or Executive Category
Since the beginning of the second Trump administration, the United States has increasingly emphasized an “America First” approach, making it more challenging for foreign nationals to obtain U.S. visas and green cards. Accordingly, it has become increasingly important for applicants to obtain accurate information regarding U.S. visa and green card applications and to prepare their cases thoroughly and systematically.
We wish everyone applying for a U.S. visa or green card this year the very best with their applications.
Sincerely,
LAWAMERICA
U.S. Federal Court of Appeals Expedites Challenge to Increased H-1B Visa Application Fee
The U.S. Court of Appeals in Washington, D.C. has decided to expedite the lawsuit filed by the U.S. Chamber of Commerce against the Trump administration challenging the increase in the H-1B visa application fee, so that a decision may be issued before the H-1B filing period in March 2026.
In September 2025, the Trump administration increased the H-1B visa application fee to $100,000 for applicants residing outside the United States. In December of that year, the U.S. District Court for the District of Columbia ruled that the fee increase was lawful, and the U.S. Chamber of Commerce appealed the decision.
In addition to the fee increase, USCIS changed the H-1B selection process by dividing applicants into four wage levels. Under the new system, Level IV applicants receive four opportunities to participate in the selection process, Level III applicants receive three, Level II applicants receive two, and Level I applicants receive one. As a result, applicants with higher salaries have a greater chance of being selected.
One-Year Foreign Residence Requirement for R-1 Religious Workers Eliminated
The immigration regulation requiring R-1 religious workers who have remained in the United States for five years to reside outside the United States for at least one year before returning in R-1 status was eliminated in January 2026. As a result, U.S. religious organizations can continue employing the same religious workers with less interruption to their activities.
An R-1 visa may initially be approved for up to 30 months and extended for an additional 30 months, for a maximum stay of 60 months. Although the one-year foreign residence requirement has been eliminated, R-1 religious workers must still depart the United States after five years before seeking reentry.
EB-1A Immigrant Visa Applicants Face Longer Interview Wait Times
The waiting period for EB-1A extraordinary ability green card applicants to attend immigrant visa interviews at the U.S. Embassy in Seoul after approval of their immigrant petitions has increased to more than one year.
In 2024, it generally took approximately 11 months from submitting the required immigrant visa documents to the National Visa Center (NVC) until an immigrant visa interview was scheduled. Since mid-2025, however, an increasing number of applicants have been waiting more than one year after submitting their documents to the NVC.
Applicants who need to enter the United States sooner may consider either ① applying for a separate visa that permits immigrant intent after approval of the immigrant petition, or ② obtaining an appropriate visa, entering the United States, and then pursuing the EB-1A green card process through adjustment of status in the United States.
Employment Authorization Document (EAD) Validity Reduced to 18 Months
Beginning in December 2025, USCIS reduced the validity period of certain Employment Authorization Documents (EADs) from five years to 18 months.
An EAD allows eligible applicants to work legally in the United States while their applications for adjustment of status to permanent residence are pending. Following the COVID-19 pandemic, as EAD processing times increased, the validity period was extended to five years. With the validity period now reduced to 18 months, applicants whose green card cases remain pending for extended periods may need to renew their EADs.
U.S. Supreme Court Agrees to Review Executive Order Restricting Birthright Citizenship
The U.S. Supreme Court has agreed to review legal challenges to the executive order restricting birthright citizenship signed by President Trump in January 2025, with a decision expected before the summer of 2026.
President Trump’s executive order seeks to prevent certain children born in the United States to undocumented immigrants or temporary visa holders from acquiring U.S. citizenship at birth. Civil rights organizations challenged the executive order as unconstitutional, and several federal district courts ruled against it. The Trump administration subsequently sought Supreme Court review, which the Court agreed to hear, with proceedings expected to begin this spring.
Analysis: E-2 Employee Visa vs. L-1 Intracompany Transferee Visa for EB-1C Green Card Eligibility
The approval standards for L-1 intracompany transferee visas do not appear to have changed significantly under the second Trump administration.
As interest among expatriate employees in obtaining U.S. permanent residence continues to grow, LAWAMERICA has published an analysis on its blog comparing E-2 employee visas and L-1 intracompany transferee visas for individuals who may later pursue permanent residence under the EB-1C multinational manager or executive category.
[Case Review] L-1A Intracompany Transferee Visa Approved for Executive Transfer to U.S. Subsidiary
Key Considerations for EB-1C Green Card Applications
LAWAMERICA has also published an analysis on its blog explaining key factors to consider when applying for permanent residence under the EB-1C multinational manager or executive category.
Obtaining U.S. Permanent Residence Through the EB-1C Multinational Manager or Executive Category