Policy Updates

As a VWP participant, South Korea is specifically targeted for reciprocal felony record exchanges. EB-1B applicants from South Korea may experience a more integrated vetting process where U.S. authorities have direct access to South Korean criminal databases, potentially streamlining clear cases while flagging others more efficiently.

For South Korean nationals, the fee increase represents a higher financial threshold for obtaining a 15-day decision. This does not affect visa availability, which remains current for this category and country.

While South Korea does not face EB-1 backlogs, the universal increase in vetting and credential verification will lengthen the overall adjudication timeline. Applicants should prepare for more detailed Requests for Evidence (RFEs) regarding their research impact.

South Korea provides a high volume of EB-1B applicants in the STEM fields. The fee increase will be felt by the many South Korean researchers currently working in U.S. academia and private research.

As a significant source of high-skilled researchers, South Korean applicants are directly affected by the court's stay on the 2024 Fee Rule. Employers must ensure the correct fees are submitted to avoid administrative setbacks in the EB-1B process.

South Korean applicants, who represent a significant portion of the EB-1B pool, will benefit from the faster receipting times associated with electronic payments. This change reduces the risk of lost or delayed paper-based payments.

The update allows South Korean researchers to use electronic funds, streamlining the submission of I-140 petitions. This is a global procedural change and does not affect South Korea's visa standing.

As a top sender of researchers to the U.S., South Korean applicants must ensure all documentation of international recognition is strictly accurate. USCIS will likely cross-reference petition claims with global academic databases more rigorously to identify falsified credentials.

As a close US ally, South Korean applicants are unlikely to be targeted, but they are still subject to the new USCIS memo. Applicants should ensure their research and public profiles are consistent with US interests.

For South Korean EB-1B applicants, this change acts as a preventative measure against future backlogs. It allows for earlier age-locking, ensuring that children of high-skilled researchers remain eligible for green cards alongside their parents.

South Korean nationals, who represent a significant portion of the STEM workforce, will see increased costs for I-140 filings. The impact is limited to the fee change as priority dates remain current.

This policy update ensures that South Korean high-skilled workers are treated with procedural due process during the EB-1B adjudication. By disclosing derogatory information, USCIS allows petitioners to address concerns that could otherwise lead to a denial.

South Korean EB-1B applicants, who often have high approval rates but may face processing queues, are now protected from the financial burden of re-taking medical exams if their application remains pending for over two years.

South Korean researchers often utilize the EB-1B category for rapid permanent residency. The waiver of the COVID-19 vaccination requirement removes a mandatory clinical step, potentially shortening the window between the medical exam and the filing of the I-485.

South Korean nationals, who represent a significant portion of EB-1B applicants, must ensure their employers follow the new filing instructions to avoid petition rejection. The update is logistical and does not change the 'current' status of EB-1 for South Korea.

South Korean researchers will face a minor delay in the final stages of their green card processing. USCIS will reschedule any appointments missed due to the Jan. 9 closure.

Visa Bulletin Advancement: EB-1 Rest of World (2023-10)

The Department of State advanced the EB-1 Final Action Date for Rest of World chargeability to Current in the 2023-10 bulletin. Applicants in this category can now file or have their cases adjudicated without priority date restrictions.