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Trump Signs Executive Order Limiting Immigration to the U.S.

Earlier this week President Trump announced his intention to “temporarily suspend immigration into the United States” eliciting a wave of concern and outright panic. However, when the executive order (“EO”) was signed, many could breathe easier while for others their concern was well placed. Pursuant to the EO signed on April 22, 2020, the United States will stop issuing immigrant visas (green cards) to applicants who are applying from outside of the United States for at least 60 days. The EO is intended to protect the jobs of U.S. workers from international competition in the wake of COVID-19.

WHO IS AFFECTED: Intending immigrants who are outside the United States awaiting immigrant visas or who do not possess a valid official travel document (such as advance parole or a travel letter) will be affected. This includes certain employment-based immigrant visa applicants, Diversity Visa lottery applicants, spouses and children of permanent residents and extended family of U.S. Citizens such as parents, siblings and married children.

WHO IS NOT AFFECTED: (1) Anyone who is already a lawful permanent resident of the United States; (2) Anyone already living and working in the United States or seeking admission to the United States in L-1, H-1B, O-1, E-1, E-2 and other temporary employment-based visa classes; (3) The spouse of a U.S. Citizen and their children under the age of 21; (4) Applicants of the EB-5 Immigrant Investor Program; (5) Physicians, nurses, or other healthcare professionals entering the U.S. on an immigrant visa to perform medical research intended to combat the spread of COVID-19 or aid in recovery efforts; (6) Members of the U.S. Armed Forces and their immediate families; (7) Certain individuals and their spouses or children who are eligible for Special Immigrant Visas; and (8) Individuals whose entry are determined to be in furtherance of important U.S. law enforcement objectives or in the national interest.

WHAT THIS CHANGES: The EO will not have an immediate impact on most of the affected immigrant visa applicants. U.S. Embassies around the world are still closed to the public and routine visa processing (immigrant and nonimmigrant) is largely suspended due to the COVID-19 global health crisis. However, the EO indicates that the situation will be closely monitored, and the restrictions could be extended or modified following the initial 60-day period.   

WHAT THIS DOES NOT CHANGE: USCIS is still accepting and processing all immigrant and nonimmigrant petitions. However, the EO also states that nonimmigrant visa programs (L-1, H-1B, O-1, E-1, E-2) will be reviewed within 30 days to consider appropriate measures to stimulate the U.S. economy and ensure “the prioritization, hiring and employment” of U.S. workers.

With the rapidly changing U.S. immigration landscape, employers are encouraged to initiate temporary and permanent visa petitions without delay. We remain at your disposal to address any questions or concerns regarding your corporate immigration and relocation needs.
The Schear Immigration Team
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