April has arrived, bringing the warmth of spring.
With the pleasant spring weather, the trip to the U.S. Embassy for a visa interview may feel a little lighter as well.
We wish everyone attending a visa interview the very best and hope you receive a favorable result.
Sincerely,
LAWAMERICA
Bill Introduced to Exempt Foreign Physicians from the $100,000 H-1B Visa Fee
Republican and Democratic members of Congress introduced a bill last month that would exempt U.S. healthcare institutions from the $100,000 H-1B visa fee when hiring foreign physicians.
Foreign physicians account for approximately 23% of physicians practicing in the United States, while approximately 1% work under H-1B status. Although the number of H-1B physicians is relatively small, many work in rural and underserved areas and help address physician shortages in the United States. For this reason, the bill was introduced in the House of Representatives.
U.S. Embassies Expand Social Media Screening for Visa Applicants
The U.S. Department of State announced that it will expand the categories of U.S. visa applicants subject to social media screening.
Visa categories previously subject to social media screening include:
- H-1B (Specialty Occupation Visa)
- F (Student Visa)
- M (Vocational Student Visa)
- J (Exchange Visitor Visa)
Additional visa categories subject to social media screening include:
- A-3 (Diplomatic Visa)
- C-3 (Transit Visa)
- G-5 (International Organization Employee Visa)
- H-3 (Trainee Visa)
- K-1 (Fiancé(e) Visa)
- Q (Cultural Exchange Visa)
- R-1 (Religious Worker Visa), among others.
Applicants for these visas are required to set their social media profiles to public.
USCIS Issues Guidelines for Reviewing EB-5 Investor Petitions
USCIS has issued new guidelines regarding the review of EB-5 investor petitions.
Under the new guidelines, USCIS will:
(1) Review an investor’s Form I-526E petition only after USCIS has first approved the regional center’s underlying investment project.
(2) Prioritize Form I-526E petitions filed by investors in rural-area regional center projects over petitions involving other types of regional center projects, such as those in high-unemployment areas, infrastructure projects, and other projects.
(3) Review petitions involving other types of regional center projects after the visa numbers allocated to rural investments—20% of the total EB-5 immigrant visa numbers—have been filled.
As a result, applicants who select regional center projects located in rural areas with populations of fewer than 20,000 may have a greater likelihood of obtaining immigrant visas more quickly than other EB-5 applicants. However, applicants should also carefully evaluate whether the project is likely to reliably create at least 10 qualifying jobs through the time they later apply to remove the conditions on their permanent residence.
U.S. Supreme Court Hears Case Concerning Restrictions on Birthright Citizenship
Earlier this month, the U.S. Supreme Court heard arguments concerning whether the Trump administration’s executive order restricting U.S. citizenship for certain children born in the United States to foreign nationals is lawful.
Under the Fourteenth Amendment to the U.S. Constitution, individuals born in the United States or U.S. territories have generally acquired U.S. citizenship at birth. In January 2025, President Trump issued an executive order seeking to deny U.S. citizenship to certain children born in the United States when the mother is unlawfully present or temporarily present in the United States under a visa and the father is neither a U.S. citizen nor a lawful permanent resident at the time of the child’s birth.
The Supreme Court’s decision could determine the future of these restrictions on birthright citizenship. A decision is expected in late May or early June of this year.
Operations at Some U.S. Embassies in the Middle East Suspended Following Iranian Attacks
Due to Iranian attacks in the Middle East, U.S. embassies in the United Arab Emirates, Qatar, Israel, Jordan, Kuwait, Saudi Arabia, Lebanon, and other countries have partially suspended operations. Applicants scheduled for U.S. visa or immigrant visa interviews at U.S. embassies in these countries should check the current operating status of the relevant embassy.
When a Korean company applies for an E-2 employee visa or L-1 intracompany transferee visa to dispatch an employee to a U.S. company, there are cases in which the U.S. company has not yet generated revenue or hired employees. Jungyong Park, U.S. Attorney at LAWAMERICA, has explained key considerations in these circumstances on the LAWAMERICA blog.
Are Revenue and Employees Required for a U.S. Company to Dispatch an Expatriate Employee?
LAWAMERICA’s Irvine and Seoul offices have successfully handled E-2 employee visa and L-1 intracompany transferee visa cases for clients ranging from small and medium-sized businesses to large corporations.
April has arrived, bringing the warmth of spring.
With the pleasant spring weather, the trip to the U.S. Embassy for a visa interview may feel a little lighter as well.
We wish everyone attending a visa interview the very best and hope you receive a favorable result.
Sincerely,
LAWAMERICA
Bill Introduced to Exempt Foreign Physicians from the $100,000 H-1B Visa Fee
Republican and Democratic members of Congress introduced a bill last month that would exempt U.S. healthcare institutions from the $100,000 H-1B visa fee when hiring foreign physicians.
Foreign physicians account for approximately 23% of physicians practicing in the United States, while approximately 1% work under H-1B status. Although the number of H-1B physicians is relatively small, many work in rural and underserved areas and help address physician shortages in the United States. For this reason, the bill was introduced in the House of Representatives.
U.S. Embassies Expand Social Media Screening for Visa Applicants
The U.S. Department of State announced that it will expand the categories of U.S. visa applicants subject to social media screening.
Visa categories previously subject to social media screening include:
Additional visa categories subject to social media screening include:
Applicants for these visas are required to set their social media profiles to public.
USCIS Issues Guidelines for Reviewing EB-5 Investor Petitions
USCIS has issued new guidelines regarding the review of EB-5 investor petitions.
Under the new guidelines, USCIS will:
(1) Review an investor’s Form I-526E petition only after USCIS has first approved the regional center’s underlying investment project.
(2) Prioritize Form I-526E petitions filed by investors in rural-area regional center projects over petitions involving other types of regional center projects, such as those in high-unemployment areas, infrastructure projects, and other projects.
(3) Review petitions involving other types of regional center projects after the visa numbers allocated to rural investments—20% of the total EB-5 immigrant visa numbers—have been filled.
As a result, applicants who select regional center projects located in rural areas with populations of fewer than 20,000 may have a greater likelihood of obtaining immigrant visas more quickly than other EB-5 applicants. However, applicants should also carefully evaluate whether the project is likely to reliably create at least 10 qualifying jobs through the time they later apply to remove the conditions on their permanent residence.
U.S. Supreme Court Hears Case Concerning Restrictions on Birthright Citizenship
Earlier this month, the U.S. Supreme Court heard arguments concerning whether the Trump administration’s executive order restricting U.S. citizenship for certain children born in the United States to foreign nationals is lawful.
Under the Fourteenth Amendment to the U.S. Constitution, individuals born in the United States or U.S. territories have generally acquired U.S. citizenship at birth. In January 2025, President Trump issued an executive order seeking to deny U.S. citizenship to certain children born in the United States when the mother is unlawfully present or temporarily present in the United States under a visa and the father is neither a U.S. citizen nor a lawful permanent resident at the time of the child’s birth.
The Supreme Court’s decision could determine the future of these restrictions on birthright citizenship. A decision is expected in late May or early June of this year.
Operations at Some U.S. Embassies in the Middle East Suspended Following Iranian Attacks
Due to Iranian attacks in the Middle East, U.S. embassies in the United Arab Emirates, Qatar, Israel, Jordan, Kuwait, Saudi Arabia, Lebanon, and other countries have partially suspended operations. Applicants scheduled for U.S. visa or immigrant visa interviews at U.S. embassies in these countries should check the current operating status of the relevant embassy.
When a Korean company applies for an E-2 employee visa or L-1 intracompany transferee visa to dispatch an employee to a U.S. company, there are cases in which the U.S. company has not yet generated revenue or hired employees. Jungyong Park, U.S. Attorney at LAWAMERICA, has explained key considerations in these circumstances on the LAWAMERICA blog.
Are Revenue and Employees Required for a U.S. Company to Dispatch an Expatriate Employee?
LAWAMERICA’s Irvine and Seoul offices have successfully handled E-2 employee visa and L-1 intracompany transferee visa cases for clients ranging from small and medium-sized businesses to large corporations.