April 22, 2020 – 7:19 PM – President Trump signed the Executive Order to suspend the issuance of an immigrant visa for 60 days, but it includes exceptions.

For now, Non-immigrant visas like H1B Visa, F1 Visa, H4 EAD, etc are not impacted for now!

But, there’s a catch. See Section #6!

This executive order is effective at 11:59 p.m. eastern daylight time on April 23, 2020.

The Actual text of the Executive Order is posted below.

Executive Order Quick Summary:

The following quick review was written by an unknown Attorney.

General Summary:

  1. Does not apply to Legal Permanent Residents (Green Card Holders are LPRs)
  2. Does not apply to EB5
  3. Does not talk about temporary workers (H1/L1) now; Will review nonimmigrant programs within 30 days!
  4. Adjust of Status (I-485) is not part of EO and should able to continue
  5. Excludes healthcare professionals
  6. Excludes spouse and minor children of US citizens
  7. Anyone with EB5 stamp in passport already as of this date can enter the US.
  8. EO is in effect for 60 days but will be reviewed before 50 days for extension/changes.

Impact on Green Card:

  1. High likelihood of significant rollover of unused FB 2020 visas to EB 2021. This will increase the quota upwards from 10000 for 2021 for EB5.
  2. When COVID freeze on consulate interviews is lifted, the slots will be easier to get as most other categories are blocked.
  3. AOS (I-1485) for EB5 can be filed but will be stuck at biometrics until USCIS centers open again after COVID.

The Scope and Exceptions of the Executive Order

 

immigration ban executive order Executive Order - Scope

Exceptions 1 Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak | The White House

 

There is no mention of H1B Visa or F1 Visa or H4 EAD. but, there’ Section #6.

executive order h1b visa f1 visa 30 days

For now, the executive order applies only to Immigrant Visa, which is the Green Card.

In 30 days, we will know, if a Non-Immigrant visa would be impacted.

I will be discussing this with Immigration Attorney During Premium Members Office Hours.


Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions.  I therefore hereby proclaim the following:

Section 1.  Suspension and Limitation on Entry.  The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation.

Sec2.  Scope of Suspension and Limitation on Entry.  (a)  The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:

(i)    are outside the United States on the effective date of this proclamation;

(ii)   do not have an immigrant visa that is valid on the effective date of this proclamation; and

(iii)  do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

(b)  The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees;  and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;

(iii)   any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;

(iv)    any alien who is the spouse of a United States citizen;

(v)     any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

(vi)    any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

(vii)   any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;

(viii)  any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or

(ix)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

Sec3.  Implementation and Enforcement.  (a)  The consular officer shall determine, in his or her discretion, whether an immigrant has established his or her eligibility for an exception in section 2(b) of this proclamation.  The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish in the Secretary of State’s discretion.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish in the Secretary of Homeland Security’s discretion.

(b)  An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.

(c)  Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States.

Sec4.  Termination.  This proclamation shall expire 60 days from its effective date and may be continued as necessary.  Whenever appropriate, but no later than 50 days from the effective date of this proclamation, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend whether I should continue or modify this proclamation.

Sec5.  Effective Date.  This proclamation is effective at 11:59 p.m. eastern daylight time on April 23, 2020.

Sec6.  Additional Measures.  Within 30 days of the effective date of this proclamation, the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, shall review nonimmigrant programs and shall recommend to me other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.

Sec7.  Severability.  It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the interests of the United States.  Accordingly:

(a)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby; and

(b)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders.

Sec8.  General Provisions.  (a)  Nothing in this proclamation shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or,

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-second day of April, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.

DONALD J. TRUMP


Summary:

  • Current order impacts only Immigrant Visa
  • Suspension for 60 days starting April 23, midnight
  • H1B Visa, H4, OPT, L1 are not impacted
  • There’s 30 days review period to consider if non-immigrant visa to be included!

6 Comments

  1. Vinod on April 28, 2020 at 11:25 PM

    Hi Raghu,

    You seem to have mastered the simulation of roll over of GC’s. Given the current circumstances, what are the odds for someone in EB1 GC category with I140 approved on October 2019, getting the status current for filing I485 coming october ?

    • Raghuram Sukumar on May 4, 2020 at 12:28 PM

      I don’t see that happening. Pending cases are high! Plus, making it current = more EAD and making it difficult for Americans to find the job!

  2. Vinay on April 23, 2020 at 4:13 PM

    Does it affect people who are currently in US waiting for their PERM approval ?

    • Raghuram Sukumar on April 28, 2020 at 10:48 AM

      No, it doesn’t impact PERM.

  3. i140 on April 22, 2020 at 9:40 PM

    So the people, currently in US, will approved i-140 can still apply for I-485 if their date becomes current?

    • Raghuram Sukumar on April 23, 2020 at 12:30 PM

      Yup.

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