On April 22, local time in the United States, President Trump announced during a COVID-19 briefing at the White House that he has signed an executive order suspending immigration into the United States (hereinafter referred to as the "suspension order"). Trump stated that with the signing of the "suspension order," American citizens will be prioritized in the domestic job market, and this move will also help conserve U.S. medical resources.
The White House government website also officially released the content of the "suspension order" in the form of a government announcement titled "Post-Pandemic Economic Recovery: Suspension of Immigration into the U.S." The announcement reflects the Trump administration's policy of "America First." Domestically, it aims to control the entry of overseas non-essential, substitute labor into the U.S. to protect unemployed Americans and prioritize their return to work during the economic recovery phase. Externally, it reserves limited consular personnel to provide ongoing assistance for U.S. citizens stranded abroad to return home.
The purpose of the EB-5 Immigrant Investor Program is to attract overseas investment to the United States and create new jobs. Therefore, EB-5 immigrant applicants are not subject to the restrictions of this "suspension order."
Main Content and Impact of the "Suspension Order"
Interpretation by WorldWay Immigration Group
When does the "suspension order" take effect?
It takes effect at 23:59 on April 23, Eastern Daylight Time, with an initial validity period of 60 days, subject to revision or extension as necessary.
Who will be affected by the "suspension order"?
The "suspension order" prohibits foreign immigrants (primarily referring to individuals applying for green cards from outside the U.S.) from entering the United States. It mainly targets the following categories of individuals:
(1) Foreigners who are outside the United States at the time the order takes effect;
(2) Foreigners who do not have a valid immigrant visa at the time the order takes effect;
(3) Foreigners who do not have any other official travel documents besides a visa at the time the order takes effect.
Who can be exempted?
Individuals who are not affected by the executive order and can normally apply for immigrant visas and enter and exit the country include:
(1) Permanent residents who have obtained green cards;
(2) EB-5 immigrant visa applicants;
(3) Holders of special industry immigrant visa applications: medical personnel, healthcare workers, medical researchers engaged in controlling the spread of COVID-19, etc.;
(4) Spouses and children under 21 of U.S. citizens;
(5) Individuals or important law enforcement personnel determined by the U.S. Department of State or the Department of Homeland Security to be in the national interest;
(6) Members of the U.S. Armed Forces and their spouses and children;
(7) Special immigrant visa applicants (referring to Afghan translators and religious workers).
The "suspension order" primarily restricts the entry of certain immigrant applicants into the United States, but the announcement reveals that 30 days after the order takes effect, further measures regarding non-immigrant visas will be considered.
The exemptions in the "suspension order" limit the affected population, and compared to Trump's previous tweets, it appears to be more of a "storm with little rain." There is widespread speculation within the United States that the introduction of this "suspension order" is more like a publicity stunt by Trump ahead of the upcoming election. We will continue to monitor the subsequent implementation and changes of the order.
Regardless, the EB-5 immigrant visa application has been clearly defined as an exemption to the "suspension order." Although U.S. consulates are currently closed to the public due to the pandemic, the immigration agency continues to accept and process immigration applications as usual, alleviating investors' previous concerns.
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