On June 22, U.S. local time, U.S. President Trump signed a new executive order, 'Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.' This executive order is widely considered an expanded version of the original 60-day 'Proclamation Suspending Entry of Immigrants,' or the 'Expanded Immigration Restriction Order.' The new executive order will take effect at 12:00 a.m. on June 24, U.S. time, and will remain in effect until December 31, 2020. The White House will revise or extend the executive order as circumstances require.
The 'Proclamation Suspending Entry of Immigrants' Continues to Be Extended
The new executive order states that the existing 'Immigration Restriction Order' targeting foreign immigrants entering the U.S. is only valid for 60 days, which is insufficient to protect unemployed U.S. residents from competition with new immigrant applicants. Therefore, the validity of the existing 'Immigration Restriction Order' is extended until December 31, 2020, and may be extended further as circumstances require.
The following immigrant applicants continue to be exempt:
Lawful permanent residents who have already obtained a Green Card;
EB-5 immigrant visa applicants and their derivative applicants;
Spouses and children under 21 of U.S. citizens (under the F visa immigrant category);
Individuals who meet the U.S. national interest and their derivative applicants (e.g., medical professionals and researchers curbing the spread of COVID-19, personnel contributing to homeland security).
Suspending Entry of Certain Non-Immigrant Visa Applicants
The U.S. Secretary of Labor and the Secretary of Homeland Security, upon reviewing non-immigrant visa programs, found that the entry of certain non-immigrant visa applicants into the U.S. would also impact unemployed U.S. workers returning to the workforce. Therefore, the entry of certain non-immigrant visa applicants currently outside the U.S. will be further restricted, including:
H-1B and H-2B visa applicants and their derivative applicants;
J visa applicants and their derivative applicants;
L visa applicants and their derivative applicants.
Note:
1). Foreign nationals traveling to the U.S. on temporary work visas to work in food supply, as well as those who meet the U.S. national interest, may be exempt.
2). This restriction applies to individuals who are outside the U.S. on the effective date and do not have the aforementioned valid visas. In other words, the new executive order will not directly affect the U.S. status of foreign nationals who are already in the U.S. and hold the aforementioned visas.
In any case, EB-5 immigrant visa applicants remain exempt under the 'Expanded Immigration Restriction Order,' which is undoubtedly the biggest positive news. Furthermore, the extension of the 'Proclamation Suspending Entry of Immigrants' will undoubtedly result in more F-category (family-sponsored immigration) visas going unused in the 2020 fiscal year. According to immigration law, unused F-category immigrant visas from the 2020 fiscal year will be transferred to EB-category employment-based immigration applications in the 2021 fiscal year. Therefore, the new visa quota for EB-category employment-based immigration in the 2021 fiscal year may exceed the 60,000 visas previously predicted by the Director of the Department of State's Visa Office, and the increase in EB-5 immigrant visas may be even higher than the originally predicted 42%.
Currently, the U.S. Citizenship and Immigration Services (USCIS) continues to receive and process immigration applications as usual. For investors with a rigid demand for immigrating to the U.S., they should promptly lock in high-quality projects based on their own circumstances: 'Prepare early, apply early, join the queue early, and benefit early!'
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