Green Card Issuance To Be SUSPENDED for 60 Days – H1B, OPT – No Impact

Now we have clarity about the Immigration Suspension. Here’s what President Trump said today during the White House briefing

“I will be issuing a temporary suspension of immigration into the United States. By pausing, we’ll help put unemployed Americans first in line for jobs. It would be wrong to be replacing them with new immigrant labor flown in from abroad.”

Executive Order is Signed on April 22, 2020

Non-Immigrant Visas are Not Impacted, but Section 6 has a catch!

Read the Immigration Suspension Executive Order Details Here >>

The Details:

•  60-day pause for issuing Green Cards
• Does not apply to temporary foreign workers
• Does not apply to farmworkers
• The decision to extend or end pause after 60 days.

Dig Deeper:

Green Card issued via Consular Processing would be impacted.

H1B applicants are familiar with Consular Processing.  Right?

The processing of changing from F1 to H1B is done by Change of Status or Consular Processing.

Likewise, folks will adjust from H1B to Green Card by filing the I-485 Application.

But, instead of I-485, Consular Processing is available to get the Green Card.

The majority of such a petition applies to Family-Based Green Card applications.

This 60 days pause applies to such immigrant petitions.

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Here’s the Tweet from yesterday.

In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!

— Donald J. Trump (@realDonaldTrump) April 21, 2020

Here is What we know

Temporary workers are not impacted by this 60 days pause.

H1B Visa, L1 visa falls under temporary workers.

• How will this impact F1 Visa?
• How will this impact H1B Visa transfer?
• Would H1B Visa 2021 petitions will be approved?
• What about H1B Visa holders stuck in India?
• What about H1B Visa extensions?
• What about pending I-485  and EAD?
• Would H4 EAD Rulemaking be fast-tracked?

You know the answers now.

Above category of visa are not impacted as per the President.

Let’s just wait for the final text of the Executive Order to confirm.

Question – When will the Department of State start processing Visa applications?

 

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How we got here?

Here’s what has happened in the past 24 hours since the President Tweeted about Immigration Suspension.

H1B Visa Holder Should Provide Certifications

• According to Bloomberg:
  • Ban could last for 90 to 120 days
  • H1B Visa holders may have to provide certifications they are not displacing H1B workers

Let’s think about H1B Certifications for a minute.

I have no idea how this could be implemented. Can you think about how this could be done?

For Green Card Process, PERM takes like a year!

If there are 500,00- H1B workers and they all have to get Certification for 90 days, it doesn’t sound feasible to be implemented! Unless they are talking of long term H1B stay!

Let’s wait to see more details on this!

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Update: Executive Order been under works for a few weeks now

This Executive Order is Real and been Drafted for the past several weeks by the Department of Homeland Security.

This immigration executive order is real and the White House has been working on it for several weeks. It is not a blanket policy and includes exceptions, a source familiar tells @CBSNews’ @PaulaReidCBS. https://t.co/GPk3iAd0Qg

— Camilo Montoya-Galvez (@camiloreports) April 21, 2020

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Update: H1B Workers in the USA might not be impacted

As per this tweet, H1B workers in the USA would not be impacted, but those outside the USA could be impacted.

Trump's #immigration executive order may only impact #H1B holders who are overseas. Workers now in US unaffected. This is from sources who have not seen EO. It's not out yet. It might not impact 2021 H1B visa processing, since they aren't issued until Oct. 1.

— Patrick Thibodeau (@pthibodeau11) April 21, 2020

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Update: Work Visas may not be approved

There are many news outlets talking about the impact of immigration suspension, but I was looking for immigration suspension’s impact on H1B Visa, Green Card, and F1 Visa students.

And this is what I found from NYTimes.com

But the president’s late-night announcement on Monday signals his most wide-ranging attempt yet to seal the country off from the rest of the world. A formal order temporarily barring the provision of new green cards and work visas could come as early as the next few days, according to several people familiar with the plan.

Under such an executive order, the Trump administration would no longer approve any applications from foreigners to live and work in the United States for an undetermined period of time, effectively shutting down the legal immigration system in the same way the president has long advocated closing the borders to illegal immigration. It was not immediately clear what legal basis Mr. Trump would claim to justify shutting down most immigration.

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As of this writing, all we have is the Tweet from President Trump and a few insider sources leaking information to the press.

• We don’t know what this means.
• We don’t know how this will impact individuals.
• We don’t know how long this suspension will last.
• We don’t know anything yet!

But, as you would expect, everyone is worried.

 

If there’s anyone tell you that you don’t have to worry, I probably will not listen to them.

It’s easy to be on the sidelines and not getting tackled on the field. It hurts only if and when you feel the impact.

But, there are other bigger issues to be considered for F1 Students in school.

What about those graduating this May, August or December 2020?

What about those who already applied for OPT and graduating in May?

As of now, I’m worried about everyone who could be impacted.

Tough times ahead.

Here’s a group of folks talking that H1B and F1 visa are non-immigrant visas and they will not be affected! I hope they are not!

 

We don’t know when this immigration ban (or suspension) be implemented not what will be the duration of the suspension.

Now, this is much bigger. Saving American Jobs!

Would the US Deport all H1B workers in the USA?

There are concerns about mass deportation for visa workers from the USA.

Here’s what Attorney Jack Sung had to say about this from the Facebook Group thread.

I don’t think there is cause to worry about the EO. If he doesn’t sign it, great. If he signs it, then the court should strike down any provision stopping green card from being issued because USCIS (and DHS) runs on funding that comes from the application fees, and there are many federal workers (USCIS workers, ICE workers, etc) that needs to be fed. Temporarily suspending immigration would hurt more than it helps with the pandemic and job loss. In fact, it will create more job loss. The EO does not have logical connection to helping with pandemic or job loss, so it will not stick. I would expect federal courts to right the wrongs within a few week through an emergency TRO (temporary restraining order) to stop him.

If anything, I think this pandemic will eventually lead to faster processing of immigration applications because of the drastic reduction of applicants caused by the economic downturn. Less applicants means faster processing because caseload will be lighter. However, this would depend on USCIS service centers not fall victim to virus outbreak within it. Let’s hope not. If that doesn’t happen, then I actually think that applications should be processed faster towards later this year.

The Summary:

• Pausing Green Card Issuance fo 60 days
• H1B Visa, OPT, STEM visa holders not impacted
• We don’t know when Consulates will open

Read the Immigration Suspension Executive Order Details Here >>