H-1B Visa Registration Begins March 4
H-1B visa registration will take place from noon Eastern Time on March 4, 2026, through noon Eastern Time on March 19, 2026.
To register, a U.S. employer must create an online account with U.S. Citizenship and Immigration Services (USCIS), submit information about the employer and applicant, and pay a $215 registration fee per applicant. If the number of registrations exceeds the annual quota of 85,000, applicants will be selected through a lottery, with selection results individually announced by March 31.
At its Irvine and Seoul offices, LAWAMERICA’s U.S. attorneys carefully review information regarding applicants and employers in advance to determine their eligibility for H-1B visas. LAWAMERICA then provides comprehensive assistance throughout the entire process, from lottery registration and filing the petition (Form I-129) to the visa application and change of status within the United States.
Board of Immigration Appeals Orders Further Review of U.S. Citizen Spouse’s Claim That Marriage-Based Green Card Was Invalid
In February 2026, the Board of Immigration Appeals (BIA) considered a case in which a U.S. citizen woman claimed that the green card obtained by her foreign national spouse through their marriage was invalid because the marriage was fraudulent. The BIA determined that the foreign national spouse must also be given a sufficient opportunity to respond to the allegations and ordered further review by USCIS.
In this case, the foreign national spouse lived with the U.S. citizen spouse for approximately one year and nine months after their marriage, and the couple had a child together. The foreign national spouse subsequently obtained conditional permanent residence based on a petition filed by the U.S. citizen spouse. After the couple separated, however, the U.S. citizen spouse requested withdrawal of the petition, claiming that her husband had obtained approval of the Form I-130 immigrant petition through a fraudulent marriage. The BIA determined that the foreign national spouse should be given an opportunity to explain and rebut the allegations and remanded the case for further review.
When an individual applies for permanent residence based on marriage to a U.S. citizen, a two-year conditional green card is issued if the marriage is less than two years old at the time permanent residence is granted.
Beginning 90 days before the conditional green card expires, the applicant may seek removal of the conditions by submitting evidence demonstrating that the marriage was entered into in good faith.
In some cases, when a marriage deteriorates or results in divorce or separation, the U.S. citizen spouse may refuse to cooperate with the process of removing the conditions on permanent residence for personal or emotional reasons. However, divorce or separation by itself does not establish that the marriage was fraudulent.
Evidence demonstrating that the marriage was genuine is particularly important when seeking removal of conditions. Depending on the circumstances, legal review may also be necessary to determine whether the conditional permanent resident may file independently without the cooperation of the U.S. citizen spouse. Because the outcome depends on the specific facts of each case, applicants should consult an experienced U.S. immigration attorney to carefully evaluate their options.
American Association of University Professors Files Lawsuit Challenging Trump Administration’s “Gold Card” Program
In February 2026, the American Association of University Professors (AAUP) filed a lawsuit in federal court challenging the Trump administration’s “Gold Card” program as unlawful.
The AAUP argues that the program effectively allows wealthy foreign nationals to purchase U.S. permanent residence and, as a result, reduces opportunities for highly qualified professionals, professors, and researchers seeking green cards through the EB-1 and EB-2 employment-based immigrant categories.
The Gold Card program is reportedly designed to allow individuals who pay at least $1 million, or companies that pay at least $2 million on behalf of an employee, to obtain permanent residence through visa numbers allocated to the EB-1 or EB-2 categories. The program was launched in December of last year, but the number of applicants has not yet been officially announced.
Partial DHS Shutdown Following Failure to Pass Funding Legislation
Some operations of the U.S. Department of Homeland Security (DHS) have been suspended since February 14 after Republicans and Democrats failed to reach an agreement on DHS funding legislation.
Democrats have opposed the recent intensification of immigration enforcement by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), calling for mandatory body cameras for enforcement officers and judicial warrants before officers enter private residences.
Despite the failure to pass the funding legislation, DHS is expected to prioritize existing funding for ICE and CBP, allowing immigration enforcement operations to continue.
California Employers Face Expanded Employee Notice Requirements Beginning February 2026
Beginning in February 2026, California employers are subject to expanded requirements regarding information and notices that must be provided to employees.
Under the Workplace Know Your Rights Act, California employers are subject to the following requirements, and violations may result in penalties of $500 per employee per day, up to a maximum of $10,000:
- Annual Employee Rights Notice
Employers must provide employees with an annual notice explaining their rights. The notice must include employee rights under applicable employment, immigration, and constitutional laws.
- Notice of Immigration Enforcement Activity Within 72 Hours
If an employer receives notice of immigration enforcement activity, the employer must notify its employees within 72 hours.
- Maintenance of Emergency Contact Information
Employers must maintain emergency contact information for employees in preparation for situations in which an employee may become subject to immigration enforcement.
Employers of foreign nationals should also carefully maintain Form I-9 (Employment Eligibility Verification), which contains information regarding employees’ authorization to work, in preparation for potential ICE inspections. In addition, employers should retain documentation demonstrating that the required annual employee rights notice was prepared and provided for at least three years.
LAWAMERICA advises California employers on employment agreements, Form I-9 compliance, and employee handbooks required when hiring new employees. For legal advice regarding employee hiring and termination, please contact LAWAMERICA’s Irvine office at +1 (714) 253-2842 or law@lawamerica.com..
LAWAMERICA’s Seoul office attorney, Jungyong Park, recently introduced a case on the LAWAMERICA blog involving a client who encountered difficulties after initially attempting to prepare a family-based immigration case without legal assistance.
Case Study: Adult Child Obtains U.S. Immigrant Visa Through U.S. Citizen Parents’ Petition
The family-based immigration process requires applicants to submit documents at different stages to USCIS, the National Visa Center (NVC), and the U.S. Embassy in Seoul. Each agency has different documentary and procedural requirements, and responses after submission can take a considerable amount of time. Proceeding without sufficient experience or specialized knowledge may result in difficulties during the approval process, including Requests for Evidence (RFEs) or processing delays.
Leveraging the geographic and practical advantages of its Seoul and Irvine offices, LAWAMERICA provides systematic assistance throughout the U.S. family-based immigration process, and all of its clients’ cases have been approved.
ICE continues its immigration enforcement activities targeting undocumented immigrants in the United States. However, recent inspections at U.S. ports of entry do not appear to be excessively stringent overall.
When entering the United States, travelers should be particularly careful to avoid statements that could cause misunderstanding regarding the purpose of their stay. In addition, those who are currently working in the United States in valid visa status should ensure that their employers maintain copies of Form I-9, passports, visas, and other relevant documents so that they are readily available in the event of an ICE inspection.
We hope you enjoy the warm spring weather.
Sincerely,
LAWAMERICA
H-1B Visa Registration Begins March 4
H-1B visa registration will take place from noon Eastern Time on March 4, 2026, through noon Eastern Time on March 19, 2026.
To register, a U.S. employer must create an online account with U.S. Citizenship and Immigration Services (USCIS), submit information about the employer and applicant, and pay a $215 registration fee per applicant. If the number of registrations exceeds the annual quota of 85,000, applicants will be selected through a lottery, with selection results individually announced by March 31.
At its Irvine and Seoul offices, LAWAMERICA’s U.S. attorneys carefully review information regarding applicants and employers in advance to determine their eligibility for H-1B visas. LAWAMERICA then provides comprehensive assistance throughout the entire process, from lottery registration and filing the petition (Form I-129) to the visa application and change of status within the United States.
Board of Immigration Appeals Orders Further Review of U.S. Citizen Spouse’s Claim That Marriage-Based Green Card Was Invalid
In February 2026, the Board of Immigration Appeals (BIA) considered a case in which a U.S. citizen woman claimed that the green card obtained by her foreign national spouse through their marriage was invalid because the marriage was fraudulent. The BIA determined that the foreign national spouse must also be given a sufficient opportunity to respond to the allegations and ordered further review by USCIS.
In this case, the foreign national spouse lived with the U.S. citizen spouse for approximately one year and nine months after their marriage, and the couple had a child together. The foreign national spouse subsequently obtained conditional permanent residence based on a petition filed by the U.S. citizen spouse. After the couple separated, however, the U.S. citizen spouse requested withdrawal of the petition, claiming that her husband had obtained approval of the Form I-130 immigrant petition through a fraudulent marriage. The BIA determined that the foreign national spouse should be given an opportunity to explain and rebut the allegations and remanded the case for further review.
When an individual applies for permanent residence based on marriage to a U.S. citizen, a two-year conditional green card is issued if the marriage is less than two years old at the time permanent residence is granted.
Beginning 90 days before the conditional green card expires, the applicant may seek removal of the conditions by submitting evidence demonstrating that the marriage was entered into in good faith.
In some cases, when a marriage deteriorates or results in divorce or separation, the U.S. citizen spouse may refuse to cooperate with the process of removing the conditions on permanent residence for personal or emotional reasons. However, divorce or separation by itself does not establish that the marriage was fraudulent.
Evidence demonstrating that the marriage was genuine is particularly important when seeking removal of conditions. Depending on the circumstances, legal review may also be necessary to determine whether the conditional permanent resident may file independently without the cooperation of the U.S. citizen spouse. Because the outcome depends on the specific facts of each case, applicants should consult an experienced U.S. immigration attorney to carefully evaluate their options.
American Association of University Professors Files Lawsuit Challenging Trump Administration’s “Gold Card” Program
In February 2026, the American Association of University Professors (AAUP) filed a lawsuit in federal court challenging the Trump administration’s “Gold Card” program as unlawful.
The AAUP argues that the program effectively allows wealthy foreign nationals to purchase U.S. permanent residence and, as a result, reduces opportunities for highly qualified professionals, professors, and researchers seeking green cards through the EB-1 and EB-2 employment-based immigrant categories.
The Gold Card program is reportedly designed to allow individuals who pay at least $1 million, or companies that pay at least $2 million on behalf of an employee, to obtain permanent residence through visa numbers allocated to the EB-1 or EB-2 categories. The program was launched in December of last year, but the number of applicants has not yet been officially announced.
Partial DHS Shutdown Following Failure to Pass Funding Legislation
Some operations of the U.S. Department of Homeland Security (DHS) have been suspended since February 14 after Republicans and Democrats failed to reach an agreement on DHS funding legislation.
Democrats have opposed the recent intensification of immigration enforcement by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), calling for mandatory body cameras for enforcement officers and judicial warrants before officers enter private residences.
Despite the failure to pass the funding legislation, DHS is expected to prioritize existing funding for ICE and CBP, allowing immigration enforcement operations to continue.
California Employers Face Expanded Employee Notice Requirements Beginning February 2026
Beginning in February 2026, California employers are subject to expanded requirements regarding information and notices that must be provided to employees.
Under the Workplace Know Your Rights Act, California employers are subject to the following requirements, and violations may result in penalties of $500 per employee per day, up to a maximum of $10,000:
Employers must provide employees with an annual notice explaining their rights. The notice must include employee rights under applicable employment, immigration, and constitutional laws.
If an employer receives notice of immigration enforcement activity, the employer must notify its employees within 72 hours.
Employers must maintain emergency contact information for employees in preparation for situations in which an employee may become subject to immigration enforcement.
Employers of foreign nationals should also carefully maintain Form I-9 (Employment Eligibility Verification), which contains information regarding employees’ authorization to work, in preparation for potential ICE inspections. In addition, employers should retain documentation demonstrating that the required annual employee rights notice was prepared and provided for at least three years.
LAWAMERICA advises California employers on employment agreements, Form I-9 compliance, and employee handbooks required when hiring new employees. For legal advice regarding employee hiring and termination, please contact LAWAMERICA’s Irvine office at +1 (714) 253-2842 or law@lawamerica.com..
LAWAMERICA’s Seoul office attorney, Jungyong Park, recently introduced a case on the LAWAMERICA blog involving a client who encountered difficulties after initially attempting to prepare a family-based immigration case without legal assistance.
Case Study: Adult Child Obtains U.S. Immigrant Visa Through U.S. Citizen Parents’ Petition
The family-based immigration process requires applicants to submit documents at different stages to USCIS, the National Visa Center (NVC), and the U.S. Embassy in Seoul. Each agency has different documentary and procedural requirements, and responses after submission can take a considerable amount of time. Proceeding without sufficient experience or specialized knowledge may result in difficulties during the approval process, including Requests for Evidence (RFEs) or processing delays.
Leveraging the geographic and practical advantages of its Seoul and Irvine offices, LAWAMERICA provides systematic assistance throughout the U.S. family-based immigration process, and all of its clients’ cases have been approved.