February: Key Policy Changes, Visa Updates, and Legal Insights

February: Key Policy Changes, Visa Updates, and Legal Insights

Furkan Dogan

Greetings from Oguz Law Newsletter!

Writing a new edition of our newsletter is always a reminder that U.S. immigration is constantly evolving, with major policy shifts that deserve close attention.

Before moving on to the latest immigration updates from last month, let’s first take a look at what Oguz Law has been up to.

We attended CES 2026 in Las Vegas. As the only law firm present this year, we connected with immigrant founders, startups, and entrepreneurs who are looking to scale their businesses in the U.S. on a strong legal foundation.

Our new office in Dallas is officially open! We’re excited for this new chapter as Oguz Law continues to grow, especially because it allows us to offer more face-to-face meetings with our clients and with anyone seeking legal guidance.

We also hosted this year’s first webinar, a doctors-only session that highlighted the key steps of U.S. immigration for medical professionals and the importance of understanding both legal and professional pathways before making long-term decisions. We will share the full session soon.

Now, let’s take a closer look at three key developments from last month.

1- H-1B Lottery Dates Announced

Between March 4 and March 19, your employer must complete and submit your H-1B lottery registration on your behalf through the USCIS online system.The registration fee is $215.

The H-1B lottery cannot be filed individually. It must be submitted through a U.S. employer.

The first step is for your U.S. employer to create an account in the USCIS online system.

During the registration, you will need your employer’s details, the beneficiary’s basic personal information, and completion of the required USCIS attestations. All information provided at this stage must be consistent with the petition filed after the lottery selection.

After that, your employer submits the electronic registration on your behalf and pays the lottery registration fee.

What Do We Offer?

If you participate in the lottery but are not selected, we refund our attorney fee.

If you are selected, we file your H-1B petition. In case your application is not approved, we also refund our attorney fee.

For a free eligibility check, don’t hesitate to contact us.

2- Key Court Decision Impacting EB-1A Petitions

A recent federal court decision has brought new attention to how USCIS applies the final merits determination in EB-1A cases.

In the EB-1A process, USCIS first evaluates whether an applicant meets at least three of the regulatory criteria. It then applies a second, more subjective review to assess whether the applicant is truly at the top of their field. Many petitions are denied at this stage.

The court questioned whether this two-step approach is supported by statute or regulation and found that applying it nationwide without formal rulemaking violates the Administrative Procedure Act (APA). As a result, the EB-1A denial was overturned, and USCIS was ordered to approve the petition.

While this decision does not automatically apply to all EB-1A cases, it meaningfully challenges USCIS’s long-standing final merits approach and strengthens the position of applicants denied on this basis.

3- Employment-Based Visas on the DHS Radar

The U.S. Department of Homeland Security has announced that they are working on a new regulation for the EB-1A, EB-1B, and EB-2 NIW.

Nothing major like a new fee or anything, but DHS thinks that the evaluation criteria and standard of evidence submitted for the EB-1 cases should be modernized. For EB-2 NIW cases, applicants will be required to provide clearer and more concrete evidence. As a result, we can expect a narrower eligibility window for applicants.

As of February 2026, no new rule has been officially announced. If you are considering filing an application for these visas, we recommend that you speed up your application process. And if your application is going to be delayed, it is better to review your case in light of the new criteria.

Important Dates to Note: February Visa Bulletin

Key Information About Visa Categories

Family-Based Categories:

  • F-1: Unmarried children (21 years or older) of U.S. citizens
  • F-2A: Spouses and unmarried children (under 21 years old) of U.S. Green Card holders
  • F-2B: Unmarried children (21 years or older) of U.S. Green Card holders
  • F-3: Married children of U.S. citizens
  • F-4: Siblings of U.S. citizens

Employment-Based Categories:

  • EB-1: Individuals with extraordinary ability, outstanding researchers and professors, and multinational executives and managers
  • EB-2: Professionals with exceptional skills or advanced degrees
  • EB-3: Bachelor’s degree holders, skilled workers, and unskilled workers
  • EB-5: Investors in U.S. businesses

Oguz Law Explained: All About the O-1 Visa

Thinking about applying for the O-1 Extraordinary Ability Visa?

From eligibility requirements to the types of evidence needed (such as awards, media coverage, and original contributions), how the application process works, and how this visa might support your long-term Green Card strategy, we explained each step thoroughly for you.

If you’re wondering whether your background qualifies, our full guide walks you through it step by step.

Recommended Blog Post by Oguz Law Experts for This Month

As a physician, navigating U.S. immigration can be challenging. particularly when juggling family planning, career growth, and training.

This comprehensive blog highlights practical issues for spouses and children, compares various pathways, and breaks down the main visa and green card alternatives available to medical professionals. Additionally, you are going to discover from an attorney how to align your immigration status to your long-term career and personal objectives.

In this in-depth review, you’ll not only explore key visa and green card options for physicians, but also learn how to strategically align your immigration journey with your career and family goals.

Thanks for reading to this point, we truly appreciate it. If you have any questions regarding these updates or any other legal matter, our team is ready to help!

Written by

Furkan Dogan