For whom wishing to study or work in the US, here is a brief summary of the current situation regarding non-immigrant visas. Perhaps due to the influence of the Trump administration’s ‘Zero Tolerance’ immigration policy, visa applications have become more stringent overall.
*Please note that this information is based on information as of August 10, 2025, and is subject to change due to subsequent revisions.
1. B Visa
On August 5, 2025, the U.S. Department of State (DOS) launched a 12-month visa bond pilot program for B1/B2 visa applicants. This program allows certain B visa applicants to request a bond of up to $15,000. This is a measure to ensure that applicants who are deemed to be at particularly high risk of overstaying their visas intend to return to their home country after their stay in the United States.
In addition, recently, if an applicant has a history of arrest or illegal employment, a background check is deemed necessary in addition to an interview at the U.S. Embassy. The applicant is then referred to administrative processing, where a detailed review is conducted by relevant agencies such as the DOS, FBI, CBP and ICE. This process can take weeks or even months, potentially delaying or even denying the visa.
I believe that the majority of people who seeks to obtain a B Visa do so not because they want to stay for sightseeing or business in the United States for more than 90 days, but because they are unable to enter the country using ESTA. However, the fact that even a B Visa is not easily obtained makes it increasingly difficult for people with a history of arrest or illegal employment to enter the United States.
2. F-1 Visa
a. Studying at a Language School
The F-1 visa approval rate for Japanese students is nearly 90%, and until now, I didn’t think it was a difficult to obtain. However, I’ve consulted several people by online who have been rejected after applying for an F-1 visa at a language school, which made me realize that the US has become stricter even with regard to F-1 visas. Enrolling at a language school isn’t for the purpose of obtaining a degree and it makes purpose of the study obscure ; if you want to study English, you can do so in your home country or other countries which countries first or second language is English. It’s important to avoid suspicions that studying abroad is truly necessary, or that you’re hidden purpose is an immigration or illegal employment in the US. Therefore, even more so than those planning to enroll in a university or graduate school, language school students need to clearly demonstrate their intention to return to their home country after their studies. At language schools, failure to demonstrate the willingness and ability to maintain “full-time study” (18 hours per week of classroom instruction or 22 hours per week of non-classroom instruction, online study not counted) increases the risk of rejection.
You should also prepare enough bank balance to cover your living expenses during your study abroad. Applicants planning to study in urban areas like San Francisco or New York need around $20,000-40,000 per year, while those in regional cities need a lower annual budget of $10,000-15,000. It seems odd, but I heard that having an excessively large bank balance could lead to rejection as well due to the appearance of future immigration or illegal residence. More is not always better. Especially in the case of language schools, where your academic purpose may appear unclear, it is best to show a reasonable balance to avoid being mistaken for permanent residence.
b. From F-1 to E-2 Visa
Since F-1 visas are relatively easy to obtain, many people use them to enter the country and then attempt to switch to other visas during the stay. Even after graduating from college or graduate school, obtaining an H-1B visa is difficult, as discussed below, so some may wish to switch to an investment visa such as an E-1 or E-2. However, when applying for an F-1 visa, if the embassy or CBP (Custom and Border Protection) suspect that your true purpose is an E-2 status or permanent residence, your F-1 visa will likely be denied. It’s especially risky to immediately begin preparing for an E-2 visa application after the entry of the US by F-1 visa holder. Even if you apply for an Adjustment of Status (AOS) to an E-2 visa in the US after entering the country on an F-1 visa, it’s likely to be denied, and be considered an illegal entry. If you’re aiming for obtaining an E-2 visa, it’s better to pursue your investment plans in Japan and apply for the E-2 visa directly at the US Embassy. Don’t use the F-1 visa as a stepping stone to the E-2 visa.
3. H-1B Visa
Regarding H-1B, legal changes will take effect in January 2025. The gist of these changes is to make the H-1B program more efficient, flexible, and fair. They are quite merciless when it comes to costs, with increases in application fees, premium processing fees, and even registration fees (planned). On the positive side, the definition of a professional occupation has been clarified to include positions involving multiple degrees related to the job. Nonprofit and government research institutions were originally exempt from the cap, but the definition of this exemption has been expanded. Other changes include the Beneficiary-Centric Selection Process and the Beneficiary Owners Rule, which are discussed in more detail below.
a. Beneficiary Centric Selection Process
H-1B visas are usually granted through a lottery system if the number of applicants exceeds the planned number of applicants. However, the lottery system has been changed to one based on individual applicants rather than overall registrations. Until now, many applicants would register multiple times to increase their chances of winning the lottery, but the revisions have prevented fraud and improved the fairness of the lottery by taking strict measures such as denying registrations and petitions when multiple registrations are discovered. In addition, it is now mandatory to submit information on a valid passport or travel document when registering.
b/. Beneficiary Owners Rule
Until now, H-1B visas have generally been used by companies seeking to hire foreign nationals. However, with this amendment, anyone with more than 50% ownership or voting rights in a petitioning company can now apply for H-1B visas, provided they meet the following requirements:
i) The applicant performs more than 50% of the organization’s “professional” (i.e., a college degree or higher) work.
ii) The company must submit documentation demonstrating control over the beneficiary’s employment, firing, and job supervision. For example, if the applicant is a board of the company, other boards must supervise the applicant on the boards meeting.
iii) The employee’s compensation must be above the average for similar work in the area in which the applicant works. A certification of working conditions must be submitted and approved, and any significant changes to this certification require the prior filing of an amendment petition.
Small and medium-sized enterprises that find it difficult to obtain E or L visas (see below) can still apply for H-1B visas. However, you must maintain the wage level of requirement ii) consistently, so the key question is whether a newly established company can afford to pay itself a wage that is higher than the average salary in the local area. Since the Visa is only available through the payment of taxes on the wage, it is not easy for a small company to obtain this as well.
4. E-2, L-1 Visa
a. E-2
The investor visa is available to nationals of treaty countries with the US, including Japan, to operate and invest in businesses in the US. Originally, it was considered easy for Japanese companies to obtain. However, the rejection rate for small and medium-sized enterprises appears to be increasing recently. The approval rate for E-2 visas for Japanese applicants is estimated to be 89.43% in 2023 and 80% in 2024, with a rejection rate of 20-30% for small business applications for $100,000 (though no clear data exists). While no clear minimum investment amount has been announced, while the usual minimum investment was $100,000 or more, a minimum investment of $150,000-200,000 is now recommended. For consulting and franchise businesses, it is possible to write a business plan with an initial $100,000 investment, but two employees are required from the start and three to four Americans within five years. This means that even if initial investments are $100,000, a separate $100,000-$150,000 in working capital is required from the beginning. This fact applies without doubt for high-cost businesses such as restaurants, retail, and manufacturing. In Japan, the equivalent visa is the Business Manager visa, but in the future, the requirements will apparently be a capital of 30 million yen and one Japanese employee. This also raises the bar for obtaining permission. Simply wanting to live in a country is no longer enough; as the word “investment” suggests, the government is now stricter on the risk involved and the extent to which the individual can contribute to the country’s economy.
b. L-1
When a Japanese company establishes a subsidiary in the US, it requires a manager/officer (L-1A) or an employee with specialized knowledge (L-1B) to transfer. Like the E-2, this visa is also available to small and medium-sized enterprises, but the screening process is more stringent than for large enterprises. Background investigations and verification of bona fide employment relationships have become more stringent. The overall rejection rate for L-1 visas is estimated to be around 30% by 2023, with an estimated 35-40% for small and medium-sized enterprises. For those planning capital of $200,000 or more and employing 3-5 people, the success rate rises to an estimated 60-70%.
Like the E-2, there is no set capital requirement, but you must prove the business substance of your U.S. subsidiary. While $1 million is typical for large companies, $200,000-500,000 is recommended for small and medium-sized businesses. As with the E-2, you must have a solid business plan that explains your contribution to the U.S.
Summary
Through the writing, I realize that, with the exception of the wealthy, America doesn’t really want Japanese people any longer. Even visas that were supposed to be preferential have become stricter, and there are almost no visas that are easy to obtain in any category. Unlike Japan, America is a country originally built by immigrants, but now is a first-come, first-served basis when it comes to the immigration process. That said, there are other visas available, such as O and EB5, and the laws and processes change daily, changing the advantages and disadvantages, so if you’re interested, please contact us.