60 Day Suspension for Immigrant Visas Impacts Those Outside U.S.
30 Day Timeline for Recommendations on Restrictions for NonImmigrant Visas
The President of the United States, Donald J. Trump issued an Executive Order that imposed a 60- day moratorium on the issuance of Immigrant Visas (Greencards) specifically for those who are currently outside of the United States. This will in most likelihood not impact those who are currently in the United States and are in the process for an Adjustment of Status to Permanent Residency. There are exceptions for immediate family members (limited to spouse and children under 21 years old), those availing of immigrant visas through the EB-5 investor category and others who are considered by the Secretary of State or the Secretary of Homeland Security to be individuals furthering national interests. In his press conference following the signing of the executive order, the President stated that he may wish to remove or extend this order at his discretion.
More ominously, however, the Executive Order directs the Secretaries of Homeland Security and Labor, in consultation with the Secretary of Homeland Security to “review nonimmigrant programs” and propose measures to “ensure the prioritization, hiring and employment of United States workers.” From news reports, and sources close to the administration, who USILAW reached after the Executive Order was released, it seems that there was furious lobbying by U.S. companies to limit the scope of this particular order, which was originally envisioned to be much broader in scope. However, for those promoting further restrictions, especially for nonimmigrant visas, this directive in the Executive Order may allow for a second attempt to place limits on employment based nonimmigrant visas.
Please feel free to contact USILAW with any questions. You may reach us via telephone at +1 (202) 618 4540 or via email at info@usilaw.com.
