“My company is handling my visa, so I’m fine” — A Common Mindset Among Japanese Professionals in the U.S. That No Longer Holds in 2026
Many Japanese businesspeople living and working in the United States still believe, “My company takes care of my visa,” or “I’ve been able to renew it without any issues so far.” However, in 2026, this sense of security is increasingly proving to be misplaced.This article is written specifically for Japanese nationals who are already working or running a business in the U.S. If you are considering moving to the United States and applying for a visa, please refer to our other articles.
“My current visa is fine” is becoming a thing of the past
Since the return of the Trump administration, U.S. visa examinations and requirements have become significantly stricter. Cases that previously renewed without issue are now frequently receiving Requests for Evidence (RFE) or, in the worst cases, being denied.What is particularly risky are situations where your visa status is threatened by factors beyond your control.
Pattern 1: Long-term H-1B visa sponsored by your employer
The H-1B is an employer-sponsored visa. If your company goes bankrupt, is acquired, or conducts layoffs, your legal basis for staying in the U.S. disappears instantly. With ongoing large-scale layoffs in the tech industry, many Japanese professionals are facing the unexpected reality of “I never thought it would happen to me.” Once terminated, you are generally given only 60 days to find a new sponsor.
Pattern 2: Staying on a dependent H-4 visa
The H-4 visa is tied to the principal H-1B holder. Any change in the main applicant’s employment status directly affects your H-4 status. In addition, the H-4 Employment Authorization Document (EAD) remains unstable due to shifting government policies.
Pattern 3: Postponing the green card application
Many people think, “The company will sponsor me eventually,” or “There’s no rush.” However, priority dates can retrogress significantly, or the company may unexpectedly refuse to proceed with the application. Green card processing can take many years — sometimes over a decade — so the earlier you start, the better.
A Self-Defense Strategy: Establishing a Company and Switching to E-2 Visa
One effective way to reduce dependence on others is to incorporate your own U.S. company and switch to an E-2 Treaty Investor Visa.The E-2 visa is based on the U.S.-Japan Treaty of Commerce. Japanese nationals who make a “substantial investment” (generally more than 50% of the total investment) in a U.S. business are eligible. Unlike the H-1B, there is no lottery system, and your status does not depend on an employer (except in cases where the company itself sponsors the E-2). The business must have a realistic prospect of generating economic impact in the U.S., and hiring American workers is expected.This visa is particularly suitable for:
- Those already earning income as freelancers or independent contractors, or who have run their own business before
- People with an established business in Japan who want to expand the same operation in the U.S.
- Those who feel uneasy about H-1B renewal risks and are looking for alternatives
While there is no strict minimum investment amount, the required “substantial investment” has increased under the current administration. It is not an easy option, but it remains one of the most realistic self-reliant pathways for Japanese nationals.
Summary: With visas, waiting until you have a problem is too late
Visa issues become extremely difficult to resolve once trouble actually occurs. The smartest approach is to act before your current visa expires or before your company’s situation changes.We recommend reviewing your current visa status, assessing your green card prospects, and exploring the possibility of switching to an E-2 visa while you still have options.Feel free to contact us for a consultation. We offer in-person meetings at our Century City office or online consultations.