ビジネス移民法ニュース（2026年3月号）が発行されました。

UPDATE ON THE PROTECTING U.S. WORKERS INITIATIVE
 

The Department of Justice’s (DOJ) Immigrant and Employee Rights (IER) section re-launched the Protecting U.S. Workers Initiative, which was originally introduced during the first Trump Administration.

The Protecting U.S. Workers Initiative targets, investigates, and brings enforcement actions against employers that intentionally discriminate against U.S. workers in favor of foreign workers, in violation of the Immigration and Nationality Act (INA). As part of this initiative, DOJ has been proactively investigating employers for potential violations of the Form I‑9 employment eligibility verification (EEV) process and for discriminatory hiring and recruitment practices.

Recruitment and Job Advertising Risks

Employers face increased risk of IER investigations not only during hiring, but also during recruitment and job advertising. The Immigration Reform and Control Act of 1986 (IRCA) prohibits limiting positions to U.S. citizens unless required by law, regulation, executive order, or government contract. An employer, or its agents, may not state or imply any specific citizenship, immigration status, visa category or preference in a job posting - whether published directly or through a third party—unless a lawful citizenship requirement applies. Investigations may also arise if a job applicant is excluded from consideration based on citizenship or immigration status. IER has previously confirmed that employers may state in job postings that they will consider only candidates who are authorized to work in the United States without employer sponsorship, provided the statement is neutrally applied and does not otherwise exclude protected workers.

Because IER investigations can be time‑consuming and resource‑intensive, many matters are resolved through settlement. A settlement may require an employer to pay a civil penalty; to provide back-pay to affected workers; to revise its hiring policies, training materials and guidance on the Form I-9 process for review by IER; and to comply with monitoring and reporting obligations for a defined period.

Recent DOJ Settlements

Tekshapers Inc., a Michigan-based IT recruitment and staffing company, was investigated following a charge and independent inquiry alleging citizenship-status discrimination in violation of 8 U.S.C. § 1324b. IER found reasonable cause to believe that, through more than 25 job advertisements, the company restricted certain job opportunities to specific visa holders and unlawfully excluded U.S. workers. Under the settlement, Tekshapers agreed to pay $47,000 in civil penalties and $18,000 in back pay to the charging party. The company also agreed to ensure all job postings and recruiting practices exclude unlawful citizenship‑based preferences or restrictions, and it will refrain from citizenship‑status discrimination in recruitment, hiring, firing, referrals, and Form I‑9 practices. The settlement term is two years, during which IER may conduct compliance inquiries, inspect Forms I‑9, and require quarterly compliance reports.

TekisHub Consulting Services, LLC, a Delaware company that provides IT recruitment and staffing services, was investigated following a charge the company restricted certain job opportunities based on citizenship status in recruiting emails and job postings, without legal justification in violation of 8 U.S.C. § 1324b. After independent inquiry, TekisHub agreed to pay $200,000 in civil penalties. The company also agreed to eliminate unlawful citizenship‑based preferences in recruitment and advertising, revise its employment and recruiting policies and have staff undergo compliance training. The settlement agreement is valid for three years and during this time IER may inspect the company’s Forms I‑9 and require quarterly compliance reporting.

H2A Complete II Inc., a Mississippi company, was investigated after allegations that it imposed unnecessary minimum experience requirements in job orders submitted to state workforce agencies to discourage or disqualify U.S. workers, while not uniformly applying those requirements to foreign workers seeking H‑2A temporary agricultural positions. After independent inquiry, H2A Complete II agreed to pay $25,000 in civil penalties; ensure its experience requirements and hiring criteria are business‑justified, uniformly applied, and non-discriminatory. The settlement agreement is valid for two years and during this time DOJ may request documentation of compliance, interview employees and inspect the premises. On a semi-annual basis, H2A Complete II must report the number of U.S. workers who applied and were offered employment.

Epik Solutions d/b/a Epikso, a California-based technology recruitment and staffing company, was investigated following allegations it engaged in citizenship‑status discrimination by restricting positions to certain citizens or visa categories, including H‑1B Specialty Occupation Worker visa holders.

Under the settlement, Epik Solutions agreed to pay $71,916 in civil penalties; refrain from discrimination based on citizenship status or national origin; revise its employment policies to prohibit unlawful discrimination based upon citizenship or national origin; and provide training to employees, recruiters, contractors and agents involved in hiring or Form I‑9 compliance. The settlement term is for three years and during this time IER may conduct compliance inquiries and inspect the employer’s Forms I-9.

These cases demonstrate that staffing companies, agricultural employers, and technology recruiters are all within IER’s enforcement focus.

Form I‑9 Compliance Reminder

IER investigations may also arise when employers request specific documents, challenge valid documents, or otherwise deviate from Form I‑9 requirements. As part of the Form I-9 employment eligibility verification process, an employer may not request specific documents. A employer may only present the List of Acceptable Documents, allowing the employee to choose which documents to present to document their identity and work authorization in the United States.

Please contact a Masuda Funai immigration attorney if your company has questions regarding I‑9 compliance, recruiting practices, and/or if you would like to conduct a proactive Form I‑9 audit or compliance review.

ADDITIONAL COUNTRIES ADDED TO THE VISA BOND PILOT PROGRAM
 

Prior editions of the Masuda Funai Business Immigration Monthly reported that the U.S. government will collect a visa bond payment from B Visa applicants (Visitors) who are nationals from countries designated as “high overstay”; countries with deficient screening and vetting processes; or countries offering citizenship without a residency requirement, also known as Citizenship by Investment (“CBI Program”).

The administration recently expanded the number of countries subject to the Visa Bond Pilot Program. With the most recent expansion, nationals from 50 of the 195 U.N.-recognized counties, including four countries with teams scheduled to play in the FIFA World Cup 2026 later this year, are subject to the visa bond payment when applying for visa to travel to the United States for business or pleasure (B-1/B-2 visa). These nationalities include:

• Algeria – effective January 21, 2026
• Angola – effective January 21, 2026
• Antigua and Barbuda – effective January 21, 2026
• Bangladesh – effective January 21, 2026
• Benin – effective January 21, 2026
• Bhutan – effective January 1, 2026
• Botswana – effective January 1, 2026
• Burundi – effective January 21, 2026
• Cabo Verde – effective January 21, 2026
• Cambodia – effective April 2, 2026
• Central Africa Republic – effective January 1, 2026
• Cote D’Ivoire – effective January 21, 2026
• Cuba – effective January 21, 2026
• Djibouti – effective January 21, 2026
• Dominica – effective January 21, 2026
• Ethiopia – effective April 1, 2026
• Fiji - effective January 21, 2026
• Gabon – effective January 21, 2026
• The Gambia – effective October 11, 2025
• Georgia – effective April 2, 2026
• Grenada – effective April 2, 2026
• Guinea – effective January 1, 2026
• Guinea Bissau – effective January 1, 2026
• Kyrgyz Republic – effective January 21, 2026
• Lesotho – effective April 1, 2026
• Malawi – effective August 20, 2025
• Mauritania – effective October 23, 2025
• Mauritius – effective April 2, 2026
• Mongolia – effective April 2, 2026
• Mozambique – effective April 2, 2026
• Namibia – effective January 1, 2026
• Nepal – effective January 21, 2026
• Nicaragua – effective April 2, 2026
• Nigeria – effective January 21, 2026
• Papua New Guinea – effective April 2, 2026
• São Tomé and Príncipe – effective October 23, 2025
• Senegal – effective January 21, 2026
• Seychelles – effective April 2, 2026
• Tajikistan – effective January 21, 2026
• Tanzania – effective October 23, 2025
• Togo – effective January 21, 2026
• Tonga – effective January 21, 2026
• Tunisia – effective April 2, 2026
• Turkmenistan – effective January 1, 2026
• Tuvalu – January 21, 2026
• Uganda – effective January 21, 2026
• Vanuatu – effective January 21, 2026
• Venezuela – effective January 21, 2026
• Zambia – effective August 20, 2025
• Zimbabwe – effective January 21, 2026

Mali, which required a visa bond effective October 23, 2025, was removed from the list on

The bond amount to be collected is $5,000, $10,000 or $15,000 per applicant. The bond payment is required by the applicant even if applying for the B visa in another country.

Once the bond has been posted and the B-1/B-2 visa issued, the traveler may arrive and depart the United States at any commercial airport or CBP preclearance location. The visa bond holder may not arrive in the United States via a charter air, general aviation, land or sea ports of entry.

Additionally, the B-1/B-2 visa will be limited to a single-entry and have a 3-month validity. Admission to the United States by U.S. Customs and Border Protection (CBP) will be only for a maximum period of 30 days.

The opportunity to have the bond payment returned is forfeited when:

• The visa holder departs the United States after the date of their authorized stay in the United States.
• The visa holder remains in the United States beyond the date of their authorized stay in the United States. This can occur if USCIS denies the visa holder’s request for an extension of stay or change of immigration status.
• The visa holder applies to adjust out of nonimmigrant status, including claiming asylum or applying for Permanent Resident status.

TRACKING VISA AND TRAVEL RESTRICTIONS
 

Effective April 2, 2026, nationals from approximately 59% of the world will face challenges entering the United States based upon conditions or limitations on nonimmigrant and/or immigrant (Green Card) visa issuance and travel bans.

The chart below lists the counties affected. A lawful permanent resident (Green Card holder) who is a national of a listed country, is still eligible to travel to the United States. A person born in a listed country who holds a passport issued by a country not on this list may be eligible to apply for an immigrant or nonimmigrant visa and travel to the United States.

Key
 

* Restricting The Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats (Proclamation 10949, June 4, 2025).

** Restricting And Limiting The Entry Of Foreign Nationals To Protect The Security Of The United States (Proclamation 10998, December 16, 2025). This Proclamation applies to individuals who were outside the United States and did not hold a valid visa as of January 1, 2026.

*** Immigrant Visa Processing Updates for Nationalities at High Risk of Public Benefits Usage.

APRIL 2026 VISA BULLETIN UPDATE
 

The U.S. Department of State (DOS) has released the April 2026 Visa Bulletin, which shows significant forward movement in several employment‑based immigrant visa categories. These changes create new opportunities for some applicants to receive permanent residence approval or file for Adjustment of Status (AOS) in April 2026.

Who becomes eligible to be approved for Permanent Resident status (a “Green Card”) or have their Immigrant Visa interview scheduled at a U.S. Consular Post?

For employment-based immigration the following foreign nationals who have applied for AOS and have submitted all the required documentation including the Medical Examination (Form I-693), become eligible to have USCIS complete the processing of their application in April 2026. Also, the following foreign nationals who will complete the Immigrant Visa processing at a U.S. Consular Post and who have submitted all the required documentation become eligible to have their interview scheduled in April 2026.

First Preference (EB-1)

• All countries (except China and India): Current
• China: Priority date before April 1, 2023 (advanced 31 days)
• India: Priority date before April 1, 2023 (advanced 31 days)

Second Preference (EB-2)

• All countries except China and India: Current. (This represents a substantial advancement from March 2026, when the category was backlogged to October 15, 2024.)
• China: Priority date before September 1, 2021 (no change from March 2026)
• India: Priority date before July 15, 2014 (advanced 302 days)

Third Preference (EB-3)

• All countries except China, India, and the Philippines: Priority date before June 1, 2024 (advanced 243 days)
• China: Priority date before June 15, 2021 (advanced 45 days)
• India: Priority date before November 15, 2013 (no change from March 2026)
• Philippines: Priority date before August 1, 2023 (no change from March 2026)

Who may apply for Adjustment of Status ("AOS") during April 2026?

On a positive note, USCIS has agreed to allow individuals eligible in the employment-based categories to apply for permanent resident status in the United States through a process called adjustment of status (“AOS”) under the “Dates of Filing Chart” (instead of the Final Action Date chart, discussed above).

First Preference (EB-1)

• All countries except China and India: Current
• China: Priority date before December 1, 2023 (no change from March 2026)
• India: Priority date before December 1, 2023 (no change from March 2026)

Second Preference (EB-2)

• All countries except China and India: Current
• China: Priority date before January 1, 2022 (no change from March 2026)
• India: Priority date before January 15, 2015 (advanced from August 15, 2014)

Third Preference (EB-3)

• All countries except China, India, and the Philippines: Current. (This represents a substantial advancement from March 2026, when the category was backlogged to January 15, 2024.)
• China: Priority date before January 1, 2022 (no change from March 2026)
• India: Priority date before January 15, 2015 (advanced from August 15, 2014)
• Philippines: Priority date before January 1, 2024 (no change from March 2026)

Key Takeaways

• EB‑2 Rest of World (excluding China and India) is now fully Current
• EB‑3 Rest of World experienced one of the largest forward movements this month
• USCIS is allowing Dates for Filing, enabling many applicants to file earlier
• Applicants newly eligible should act promptly to prepare filings

For more detail on how priority dates work, please see our client advisory “Understanding When Your Priority Date is "Current" to File (and Be Approved) for a Green Card”.

SNAKES ON A PLANE? NOT AT THE LAREDO, TEXAS BORDER!
 

U.S. Customs and Border Protection (CBP) reported its officers intercepted 39 live pythons hidden inside a commercial tractor during an outbound inspection at the World Trade Bridge in Laredo, Texas, on March 5, 2026. The vehicle traveling from the United States to Mexico was selected for secondary inspection after the driver made a negative declaration for prohibited goods. During the inspection, officers discovered the snakes concealed inside the tractor.  

The pythons were turned over to the U.S. Fish and Wildlife Service, which safely transported them to a controlled environment. CBP issued $34,824 in penalties for export violations and seized both the 2021 Peterbilt tractor and trailer. The case remains under investigation by the U.S. Fish and Wildlife Service and Homeland Security Investigations.

CBP emphasized that exporting live reptiles requires strict compliance with U.S. and international regulations, including wildlife, agricultural, and foreign trade laws, and highlighted the seizure as an example of officers’ efforts to protect both border security and the environment.

BILLY BISHOP TORONTO CITY AIRPORT NOW OFFERING CBP PRE-CLEARANCE
 

Effective March 10, 2026, Billy Bishop Toronto City Airport (YTZ) will offer U.S. Customers and Border Protection (CBP) preclearance. This will allow travelers to go through U.S. Immigration and Customs in Canada before departing and arriving in the U.S. The facility operates independently from Toronto Pearson Airport and will include expedited processing for NEXUS members, which is the Canadian equivalent to U.S. Global Entry.

The offering of CBP preclearance expands U.S. flight options outbound from Toronto and also expands processing for Canadian citizens seeking to enter the U.S. in TN or L-1 nonimmigrant status. Such applicants may now obtain an adjudication of their cases before flying to the U.S.

Billy Bishop is now the ninth Canadian airport with U.S. CBP preclearance, in addition to the below:

• Calgary International Airport (YYC)
• Edmonton International Airport (YEG)
• Halifax Stanfield International Airport (YHZ)
• Montréal–Trudeau International Airport (YUL)
• Ottawa Macdonald–Cartier International Airport (YOW)
• Toronto Pearson International Airport (YYZ)
• Vancouver International Airport (YVR)
• Winnipeg James Armstrong Richardson International Airport (YWG)

移民多様化ビザ「グリーンカード」抽選（DV）プログラムを改正する規則の発表

2026年3月11日、米国務省（DOS）は、グリーンカード抽選（DV）プログラムの健全性を強化し、不正行為を抑制することを目的に、同プログラムを改正する最終規則を発表しました。DVプログラムは、日本を含め、米国への移民数が歴史的に少ない国々の人々にグリーンカード取得の道を提供するものです。当該プログラムでは、コンピュータによる無作為抽選を通じて、毎年最大55,000件の移民ビザ（グリーンカード）を発給しています。

DVプログラムを改正する本規則の下、限定的な免除資格を満たさない申請者は、抽選に応募する際に、有効期限内のパスポート情報を提供し、パスポートの個人情報ページおよび署名ページのスキャン画像をアップロードするよう義務付けられることになります。必要なパスポート情報が含まれていない応募は、自動的に失格となります。さらに、本規則は規制用語の標準化も規定しており、「gender（ジェンダー）」を「sex（性別）」に、「age（年齢）」を「date of birth（生年月日）」に置き換えるなどの変更が盛り込まれています。これらの用語変更には、データ収集および申請者審査における一貫性と正確性を高める狙いがあります。

本規則の主な目的は、DVプログラムにおける不正行為の防止にあるわけですが、これには、申請者の知らぬ間に第三者によって提出されることが多いとされる、数百万件に上る重複申請や不正申請への対策が含まれます。国務省は、パスポート情報の提出を義務付けることで、審査プロセスの早い段階で申請者の身元確認が可能となり、重複申請を抑制するとともに、国家安全保障上の審査を強化できると主張しています。

本規則の施行は、2027年度のDVプログラム（DV-2027）からとなるものの、DV-2027の応募受付開始は、本規則の施行を待って延期されている状況です。具体的な応募受付開始時期について、今のところ国務省からの発表はありません。

Masuda Funai is a full-service law firm with offices in Chicago, Detroit, Los Angeles, and Schaumburg.