2026 H-1B Visa Lottery Concludes
On March 31, 2026, USCIS announced that the H-1B registration and selection process for employment beginning in October 2026 had been completed.
Applicants selected in the lottery must have their U.S. employers file Form I-129, Petition for a Nonimmigrant Worker, with USCIS within the 90-day filing period beginning April 1, 2026.
Although the official number of H-1B applicants for this year has not yet been announced, the immigration law community generally believes that the number decreased compared with the previous year. Accordingly, the selection rate is also expected to have increased. The H-1B selection rate was approximately 26% in 2024 and 35% in 2025, and it is estimated to have risen above 50% in 2026.
⇒ What Are the Alternative Visa Options If You Were Not Selected in the H-1B Lottery?
The 2026 H-1B registration process marked the first time that an applicant’s wage level affected the probability of selection.
Previously, applicants with master’s degrees had an advantage over those with bachelor’s degrees in the selection process, regardless of their wage levels. Beginning this year, however, USCIS divided applicants into four wage levels (Levels I–IV) and provided a different number of selection opportunities based on each level.
Under this system, applicants at Level IV, the highest wage level, receive up to four opportunities for selection, while Level I applicants receive only one. As a result, entry-level professionals who are generally offered lower salaries are believed to have had a lower probability of selection.
If you were not selected in this year’s H-1B lottery, the following visa options may be considered:
▶ E-2 Employee Visa
Individuals employed by a U.S. company owned by Korean nationals or a Korean company may consider changing their status in the United States to E-2 employee status for a position related to their professional background.
▶ O-1A Extraordinary Ability Visa
The O-1A visa is available to individuals who have demonstrated extraordinary ability in the sciences, education, business, or athletics.
Applicants generally must satisfy at least three of the eight criteria established by USCIS.
▶ O-1B Extraordinary Ability Visa
The O-1B visa is available to individuals who have demonstrated extraordinary ability or achievement in the arts or motion picture and television industries.
Applicants generally must satisfy at least three of the six criteria established by USCIS.
For a consultation regarding your eligibility for these visa options, please contact us:
[Case Study] Change of Status to E-2 Employee Visa Within the U.S.
[Case Study] O-1B Visa Approval for Chef
Increased Scrutiny of Source of Funds in EB-5 Investor Petitions
Recently, USCIS has issued a slightly increasing number of Requests for Evidence (RFEs) concerning the Source of Funds during its review of Form I-526E petitions for EB-5 regional center investors. In particular, USCIS appears to be applying greater scrutiny to the legality and transparency of how investment funds were obtained.
When EB-5 investment funds are obtained through a loan, USCIS may closely examine the legitimacy of the loan structure. Beyond evidence that the loan exists, USCIS may review the reasonableness of the loan terms, the applicant’s ability and plan to repay the loan, and whether the applicant bears personal liability in the event of default.
When investment funds are derived from the sale of real estate, USCIS may comprehensively review the property’s ownership history, purchase and sale agreements, property valuation documents, and records showing receipt of the sale proceeds. In particular, if the property was acquired through inheritance, applicants may need to establish the lawful original acquisition of the property, which may require extensive documentation concerning not only the applicant but also the previous owner.
Only One Trump Gold Card Approved to Date
At a U.S. congressional hearing on April 23, 2026, U.S. Secretary of Commerce Howard Lutnick stated that only one Trump Gold Card application had been approved since applications for the program opened in December 2025.
According to U.S. Department of Justice data, of the 338 individuals who expressed interest in applying for the Gold Card, 165 paid the $15,000 visa processing fee, and 59 were proceeding with the actual application process.
The Trump Gold Card, however, was established through a presidential executive order rather than as a permanent residence program expressly created under existing U.S. immigration statutes. Accordingly, there remains considerable uncertainty as to whether the program will continue under a future administration.
In our consultations with clients, we often meet individuals who have experienced difficulties due to repeated U.S. visa denials. When reviewing their previously submitted visa applications, we sometimes find that the supporting documentation was not sufficiently prepared, which is unfortunate.
Choosing the right attorney to handle your case is an important decision. At LAWAMERICA, we strive to fully understand each client’s circumstances and concerns and provide the best possible assistance toward achieving a favorable outcome.
Sincerely,
LAWAMERICA
2026 H-1B Visa Lottery Concludes
On March 31, 2026, USCIS announced that the H-1B registration and selection process for employment beginning in October 2026 had been completed.
Applicants selected in the lottery must have their U.S. employers file Form I-129, Petition for a Nonimmigrant Worker, with USCIS within the 90-day filing period beginning April 1, 2026.
Although the official number of H-1B applicants for this year has not yet been announced, the immigration law community generally believes that the number decreased compared with the previous year. Accordingly, the selection rate is also expected to have increased. The H-1B selection rate was approximately 26% in 2024 and 35% in 2025, and it is estimated to have risen above 50% in 2026.
⇒ What Are the Alternative Visa Options If You Were Not Selected in the H-1B Lottery?
The 2026 H-1B registration process marked the first time that an applicant’s wage level affected the probability of selection.
Previously, applicants with master’s degrees had an advantage over those with bachelor’s degrees in the selection process, regardless of their wage levels. Beginning this year, however, USCIS divided applicants into four wage levels (Levels I–IV) and provided a different number of selection opportunities based on each level.
Under this system, applicants at Level IV, the highest wage level, receive up to four opportunities for selection, while Level I applicants receive only one. As a result, entry-level professionals who are generally offered lower salaries are believed to have had a lower probability of selection.
If you were not selected in this year’s H-1B lottery, the following visa options may be considered:
▶ E-2 Employee Visa
Individuals employed by a U.S. company owned by Korean nationals or a Korean company may consider changing their status in the United States to E-2 employee status for a position related to their professional background.
▶ O-1A Extraordinary Ability Visa
The O-1A visa is available to individuals who have demonstrated extraordinary ability in the sciences, education, business, or athletics.
Applicants generally must satisfy at least three of the eight criteria established by USCIS.
▶ O-1B Extraordinary Ability Visa
The O-1B visa is available to individuals who have demonstrated extraordinary ability or achievement in the arts or motion picture and television industries.
Applicants generally must satisfy at least three of the six criteria established by USCIS.
For a consultation regarding your eligibility for these visa options, please contact us:
[Case Study] Change of Status to E-2 Employee Visa Within the U.S.
[Case Study] O-1B Visa Approval for Chef
Increased Scrutiny of Source of Funds in EB-5 Investor Petitions
Recently, USCIS has issued a slightly increasing number of Requests for Evidence (RFEs) concerning the Source of Funds during its review of Form I-526E petitions for EB-5 regional center investors. In particular, USCIS appears to be applying greater scrutiny to the legality and transparency of how investment funds were obtained.
When EB-5 investment funds are obtained through a loan, USCIS may closely examine the legitimacy of the loan structure. Beyond evidence that the loan exists, USCIS may review the reasonableness of the loan terms, the applicant’s ability and plan to repay the loan, and whether the applicant bears personal liability in the event of default.
When investment funds are derived from the sale of real estate, USCIS may comprehensively review the property’s ownership history, purchase and sale agreements, property valuation documents, and records showing receipt of the sale proceeds. In particular, if the property was acquired through inheritance, applicants may need to establish the lawful original acquisition of the property, which may require extensive documentation concerning not only the applicant but also the previous owner.
Only One Trump Gold Card Approved to Date
At a U.S. congressional hearing on April 23, 2026, U.S. Secretary of Commerce Howard Lutnick stated that only one Trump Gold Card application had been approved since applications for the program opened in December 2025.
According to U.S. Department of Justice data, of the 338 individuals who expressed interest in applying for the Gold Card, 165 paid the $15,000 visa processing fee, and 59 were proceeding with the actual application process.
The Trump Gold Card, however, was established through a presidential executive order rather than as a permanent residence program expressly created under existing U.S. immigration statutes. Accordingly, there remains considerable uncertainty as to whether the program will continue under a future administration.