The Effects of President Trump’s Proclamation Suspending Entry of Immigrants into the U.S. on Employment-Based Green Cards
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Companies and their foreign employees have been nervously awaiting the release of President Trump’s most recent proclamation in response to his April 20th tweet announcing his intent to suspend immigration to the U.S. Employers have had to speculate how this potential policy could affect their hiring, retention, and ongoing employment practices under the COVID-19 pandemic. In the evening of April 22, the White House published the text of the order (available here) clarifying its scope, duration, and numerous exemptions.
The order itself is narrower than the President’s tweet implied. The order has no effect on nonimmigrant visa processing (including work visas like H-1Bs, H-2As, TNs, Es, Os, Ls, etc.) nor does it have any effect on the lawful permanent resident process for those individuals intending to adjust their status and receive their green cards while remaining physically inside the U.S. It does, however, bar the issuance of immigrant visas (permanent resident visas) obtained through consular processing abroad for the next 60 days (subject to extension).
This ban has a number of exemptions, including but not limited to those who are already permanent residents, certain immediate relatives of U.S. citizens, and individuals who have already received their immigrant visa prior to the issuance of the proclamation. In the employment context specifically, the exemptions also include individuals seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional working in manner related to COVID-19 (and their dependents); individuals applying for immigrant visas through the EB-5 Immigrant Investor Program; and individuals applying for immigrant visas who have received an approved National Interest Waiver.
Practically speaking for employers, this order affects employees who intended to receive their approved immigrant visas abroad through consular processing over the next 60 days (or longer if extended) in the EB-1 categories, EB-2 categories (excepting those with an approved National Interest Waiver), and EB-3 categories. It however does not affect PERM processing, I-140 processing, or I-485 processing in these categories. Employees physically present in the U.S. with lawful immigration status and valid work authorization may be able to remain in the U.S. to wait out the Executive Order or may qualify for adjustment of status to receive their green card without departing the U.S.
If you are concerned about the effects of the proclamation on an employment-based case for you or your employees or if you are curious about what options exist to process the case within the U.S. to avoid the effects of this order, please feel free to reach out to our firm today. We are open and available for video conference and teleconference appointments.
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I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
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Thank you all, I found this group to be a great service. Thank you all, blessings to you. especially Khiabett
We are incredibly grateful for the help and support we received from this office. From the very beginning, they understood the urgency of our situation and treated our case with real care, professionalism, and speed. They were extremely responsive, clear, and compassionate throughout the entire process. They moved quickly when timing was critical, kept us informed, and helped us navigate a very stressful immigration situation with confidence. Thanks to their…
Kevin Raica and his team handled my immigration application and i can other recommend them enough. They made a stressful process very easy. They are very knowledgeable in this area and helped us at every stage from beginning to end.
Brittni Rivera She is my Attorney from 2017 Thank you so, so much. This truly wouldn’t have been possible without you, Brittni. Can’t wait to file for the green cards.
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
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