Important changes continue to take place throughout U.S. immigration policy and administrative procedures. In this newsletter, we have selected major immigration law developments that may have a practical impact on our corporate and individual clients and briefly summarized the key points and matters to note.
Sincerely,
LAWAMERICA
U.S. Department of Homeland Security Proposes New Additional Fee of $103,265 for H-1B Petitions Subject to the Annual CapThe U.S. Department of Homeland Security (DHS) announced a proposed rule that would impose an additional fee of $103,265 on all petitions subject to the annual H-1B cap. Petitions eligible for the advanced-degree exemption, which applies to individuals holding a U.S. master’s degree or higher, are also included.
Under the proposed rule, this fee would be paid when filing an H-1B petition and would be imposed in addition to all other government filing fees currently applicable. At this time, this is not a final rule but a proposed rule. Therefore, its implementation has not yet been finalized.
In addition, this additional fee would not apply to all H-1B petitions. As proposed, it would not apply to petitions filed by organizations that are not subject to the annual H-1B cap, such as certain nonprofit research organizations, governmental research organizations, and institutions of higher education.
Based on approximately 85,000 H-1B cap-subject petitions per year, the Department of Homeland Security estimates that implementation of this rule would generate approximately $8.8 billion in annual revenue. However, if this measure is implemented, it could have a significant impact on U.S. companies’ hiring of foreign professionals and the United States’ ability to attract international talent. The deadline for submitting comments on the proposed rule is September 24, 2026.
Proposal to Eliminate the Maximum 60-Day Grace Period Following Termination of Employment Passes Federal Regulatory Review
Currently, certain employment-based visa holders may be granted a discretionary maximum 60-day grace period under certain conditions when their employment ends. A proposed rule by the Department of Homeland Security to eliminate this grace period has passed federal regulatory review by the U.S. Office of Management and Budget (OMB). However, it has not yet officially taken effect, and a final decision is expected after the public comment process.
The next step is for the proposed rule to be officially published in the Federal Register. After that, a public comment process will take place during which members of the general public and interested parties may submit comments. If the 60-day grace period is eliminated as currently being discussed, the impact could be significant. Foreign workers whose employment relationship ends earlier than the scheduled period, as well as their accompanying family members, may no longer be considered to be maintaining lawful immigration status and, in principle, may be placed in a situation where they must immediately depart the United States.
However, there may remain a possibility that U.S. Citizenship and Immigration Services (USCIS) could exercise separate discretion to tolerate a gap in status and permit a change of status or change of employer within the United States. Therefore, individuals holding H-1B or other employment-based status should closely monitor the actual language of the proposed rule and whether it will ultimately be implemented.
J-1 Exchange Visitor Period of Stay Changed to a Fixed Period
The U.S. Department of State (DOS), in connection with the final rule changing the period of stay for J-1 exchange visitors, F-1 students, and others to a fixed period of admission, issued guidance on how J program sponsors should manage Forms DS-2019 and Student and Exchange Visitor Information System (SEVIS) records.
Beginning September 15, 2026, new and continuing exchange visitors who enter the United States on or after that date or change to J status within the United States will be given an Admit Until Date. The Admit Until Date means the last day on which the exchange visitor may lawfully remain in the United States in J status. This period of stay may not exceed a maximum of four years.
If additional stay beyond the Admit Until Date is necessary to complete the purpose of the program, two methods are provided.
- The first method is to apply for an extension of stay by filing an application for extension of stay or change of status with U.S. Citizenship and Immigration Services.
- The second method is to depart the United States and then apply for readmission with a valid Form DS-2019 and U.S. visa.
Even for individuals participating in programs that were already approved before September 15, 2026, sponsors must confirm that the program end date shown in the Student and Exchange Visitor Information System (SEVIS) accurately reflects the actual expected program completion date. Therefore, individuals staying in J-1 status should, going forward, separately confirm and manage not only the program end date shown on Form DS-2019 but also the Admit Until Date actually granted to them.
USCIS Reaffirms That Applications May Be Denied Without a Request for Additional Evidence
On August 5, 2026, U.S. Citizenship and Immigration Services stated that when all “required initial evidence” required for an immigration benefit application is not submitted, it may immediately deny the application without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
Many applicants believe that if the documents they submit are insufficient, USCIS will first send a Request for Evidence and provide an opportunity to supplement the application. However, going forward, the possibility that a case will be denied immediately when required documents are missing has increased.
If an application is immediately denied without a Request for Evidence, the application must be prepared and filed again, which may significantly lengthen the overall case processing time. In addition, depending on the case, because of visa status, priority dates, filing deadlines, or other immigration law requirements, simply refiling the application may not resolve the problem, or the applicant may even lose the opportunity to refile.
Therefore, it has become more important than ever to thoroughly review all documents and evidence required for the particular case from the time the initial application is prepared and to submit an application that is as complete and persuasive as possible at the initial filing stage.
EB-1C Permanent Residence for Executives and Managers of U.S. Multinational Companies
One of the methods of obtaining permanent residence that is of greatest interest to intracompany transferees working in the United States is EB-1C permanent residence for multinational executives and managers.
EB-1C has the advantage of allowing applicants to proceed relatively quickly with permanent residence without the labor certification process. However, because the size of the U.S. company’s business, organizational structure, number of employees, the applicant’s position, and actual job duties are reviewed comprehensively, sufficient advance review and strategic preparation are important.
In particular, if the U.S. branch does not have substantial sales or profits, or if the number of employees being managed or supervised is small, there may be difficulties in establishing the applicant’s role as an executive or manager. However, these factors alone do not make an EB-1C application impossible. The possibility of approval may vary depending on how the company’s actual operational structure and the applicant’s decision-making authority, managerial responsibilities, and nature of duties are demonstrated.
You can find the detailed case information below.
[Case Study] Successsful Green Card Case for an Multinational Executive or Manager (EB-1C)
Certificate of U.S. Citizenship Approved in Approximately Six Months Without a Request for Additional Evidence
Individuals who were born outside the United States but acquired U.S. citizenship through their parents can officially prove their citizenship through a Certificate of Citizenship.
Although a U.S. passport can also generally be used as proof of citizenship, particularly for Korean nationals, a Certificate of U.S. Citizenship may be required in procedures relating to the renunciation or loss of Korean nationality and military service obligations. It may also be used in the future as official evidence of U.S. citizenship when sponsoring a spouse, parent, child, or other family member for U.S. permanent residence.
In this case, the application for a Certificate of Citizenship was approved in approximately six months without a Request for Evidence (RFE). You can find the specific details below.
[Case Study] Certificate of Citizenship Approved in Approximately Six Months Without a Request for Additional Evidence
Child of a U.S. Citizen Born in Korea Approved for Consular Report of Birth Abroad and U.S. Passport
When a child of a U.S. citizen is born outside the United States, the child may acquire U.S. citizenship through registration of the birth abroad if certain requirements are satisfied, even though the child was not born in the United States.
In this case, only one of the child’s parents was a U.S. citizen, and documents were prepared to establish that the U.S. citizen parent had resided in the United States for at least five years. The parents and child attended an interview with a consular officer at the U.S. Embassy in South Korea and received approval for the Consular Report of Birth Abroad and U.S. passport.
You can find the detailed case information below.
[Case Study] U.S. Citizen's Child Born in Korea: Successful Consular Report of Birth Abroad and U.S. Passport Case
Important changes continue to take place throughout U.S. immigration policy and administrative procedures. In this newsletter, we have selected major immigration law developments that may have a practical impact on our corporate and individual clients and briefly summarized the key points and matters to note.
Sincerely,
LAWAMERICA
U.S. Department of Homeland Security Proposes New Additional Fee of $103,265 for H-1B Petitions Subject to the Annual CapThe U.S. Department of Homeland Security (DHS) announced a proposed rule that would impose an additional fee of $103,265 on all petitions subject to the annual H-1B cap. Petitions eligible for the advanced-degree exemption, which applies to individuals holding a U.S. master’s degree or higher, are also included.
Under the proposed rule, this fee would be paid when filing an H-1B petition and would be imposed in addition to all other government filing fees currently applicable. At this time, this is not a final rule but a proposed rule. Therefore, its implementation has not yet been finalized.
In addition, this additional fee would not apply to all H-1B petitions. As proposed, it would not apply to petitions filed by organizations that are not subject to the annual H-1B cap, such as certain nonprofit research organizations, governmental research organizations, and institutions of higher education.
Based on approximately 85,000 H-1B cap-subject petitions per year, the Department of Homeland Security estimates that implementation of this rule would generate approximately $8.8 billion in annual revenue. However, if this measure is implemented, it could have a significant impact on U.S. companies’ hiring of foreign professionals and the United States’ ability to attract international talent. The deadline for submitting comments on the proposed rule is September 24, 2026.
Proposal to Eliminate the Maximum 60-Day Grace Period Following Termination of Employment Passes Federal Regulatory Review
Currently, certain employment-based visa holders may be granted a discretionary maximum 60-day grace period under certain conditions when their employment ends. A proposed rule by the Department of Homeland Security to eliminate this grace period has passed federal regulatory review by the U.S. Office of Management and Budget (OMB). However, it has not yet officially taken effect, and a final decision is expected after the public comment process.
The next step is for the proposed rule to be officially published in the Federal Register. After that, a public comment process will take place during which members of the general public and interested parties may submit comments. If the 60-day grace period is eliminated as currently being discussed, the impact could be significant. Foreign workers whose employment relationship ends earlier than the scheduled period, as well as their accompanying family members, may no longer be considered to be maintaining lawful immigration status and, in principle, may be placed in a situation where they must immediately depart the United States.
However, there may remain a possibility that U.S. Citizenship and Immigration Services (USCIS) could exercise separate discretion to tolerate a gap in status and permit a change of status or change of employer within the United States. Therefore, individuals holding H-1B or other employment-based status should closely monitor the actual language of the proposed rule and whether it will ultimately be implemented.
J-1 Exchange Visitor Period of Stay Changed to a Fixed Period
The U.S. Department of State (DOS), in connection with the final rule changing the period of stay for J-1 exchange visitors, F-1 students, and others to a fixed period of admission, issued guidance on how J program sponsors should manage Forms DS-2019 and Student and Exchange Visitor Information System (SEVIS) records.
Beginning September 15, 2026, new and continuing exchange visitors who enter the United States on or after that date or change to J status within the United States will be given an Admit Until Date. The Admit Until Date means the last day on which the exchange visitor may lawfully remain in the United States in J status. This period of stay may not exceed a maximum of four years.
If additional stay beyond the Admit Until Date is necessary to complete the purpose of the program, two methods are provided.
Even for individuals participating in programs that were already approved before September 15, 2026, sponsors must confirm that the program end date shown in the Student and Exchange Visitor Information System (SEVIS) accurately reflects the actual expected program completion date. Therefore, individuals staying in J-1 status should, going forward, separately confirm and manage not only the program end date shown on Form DS-2019 but also the Admit Until Date actually granted to them.
USCIS Reaffirms That Applications May Be Denied Without a Request for Additional Evidence
On August 5, 2026, U.S. Citizenship and Immigration Services stated that when all “required initial evidence” required for an immigration benefit application is not submitted, it may immediately deny the application without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
Many applicants believe that if the documents they submit are insufficient, USCIS will first send a Request for Evidence and provide an opportunity to supplement the application. However, going forward, the possibility that a case will be denied immediately when required documents are missing has increased.
If an application is immediately denied without a Request for Evidence, the application must be prepared and filed again, which may significantly lengthen the overall case processing time. In addition, depending on the case, because of visa status, priority dates, filing deadlines, or other immigration law requirements, simply refiling the application may not resolve the problem, or the applicant may even lose the opportunity to refile.
Therefore, it has become more important than ever to thoroughly review all documents and evidence required for the particular case from the time the initial application is prepared and to submit an application that is as complete and persuasive as possible at the initial filing stage.
EB-1C Permanent Residence for Executives and Managers of U.S. Multinational Companies
One of the methods of obtaining permanent residence that is of greatest interest to intracompany transferees working in the United States is EB-1C permanent residence for multinational executives and managers.
EB-1C has the advantage of allowing applicants to proceed relatively quickly with permanent residence without the labor certification process. However, because the size of the U.S. company’s business, organizational structure, number of employees, the applicant’s position, and actual job duties are reviewed comprehensively, sufficient advance review and strategic preparation are important.
In particular, if the U.S. branch does not have substantial sales or profits, or if the number of employees being managed or supervised is small, there may be difficulties in establishing the applicant’s role as an executive or manager. However, these factors alone do not make an EB-1C application impossible. The possibility of approval may vary depending on how the company’s actual operational structure and the applicant’s decision-making authority, managerial responsibilities, and nature of duties are demonstrated.
You can find the detailed case information below.
[Case Study] Successsful Green Card Case for an Multinational Executive or Manager (EB-1C)
Certificate of U.S. Citizenship Approved in Approximately Six Months Without a Request for Additional Evidence
Individuals who were born outside the United States but acquired U.S. citizenship through their parents can officially prove their citizenship through a Certificate of Citizenship.
Although a U.S. passport can also generally be used as proof of citizenship, particularly for Korean nationals, a Certificate of U.S. Citizenship may be required in procedures relating to the renunciation or loss of Korean nationality and military service obligations. It may also be used in the future as official evidence of U.S. citizenship when sponsoring a spouse, parent, child, or other family member for U.S. permanent residence.
In this case, the application for a Certificate of Citizenship was approved in approximately six months without a Request for Evidence (RFE). You can find the specific details below.
[Case Study] Certificate of Citizenship Approved in Approximately Six Months Without a Request for Additional Evidence
Child of a U.S. Citizen Born in Korea Approved for Consular Report of Birth Abroad and U.S. Passport
When a child of a U.S. citizen is born outside the United States, the child may acquire U.S. citizenship through registration of the birth abroad if certain requirements are satisfied, even though the child was not born in the United States.
In this case, only one of the child’s parents was a U.S. citizen, and documents were prepared to establish that the U.S. citizen parent had resided in the United States for at least five years. The parents and child attended an interview with a consular officer at the U.S. Embassy in South Korea and received approval for the Consular Report of Birth Abroad and U.S. passport.
You can find the detailed case information below.
[Case Study] U.S. Citizen's Child Born in Korea: Successful Consular Report of Birth Abroad and U.S. Passport Case