Americas:

United States— UPDATE:  Executive Order Suspending Entry of Immigrants That Threaten the Labor Market in the United States


United States— UPDATE:  Executive Order Suspending Entry of Immigrants That Threaten the Labor Market in the United States

The Order Suspending Entry, temporarily suspends certain types of immigration to the United States. This Order will go into effect at 11:59 PM ET on April 23, 2020 and is set to expire 60 days from its effective date and may be continued, if deemed necessary.

Individuals Who Are NOT Affected:

  1. The majority of domestic immigration including H-1B’s, L-1’s, and all other forms of nonimmigrant visas including H-1B CAP filings are not affected
  2. Change of Employment and Extensions of nonimmigrant status (H-1B, L-1, O, P, etc.) will continue without disruption.
  3. EAD cards are not affected and extensions will continue to be processed.
  4. Immigrant Petitions including I-140s and Applications to Adjust Status (I-485) may continue to be filed.
  5. PERM and other Labor Certification processes are unchanged.
  6. Anyone already granted an immigrant visa may travel to the U.S.
  7. Anyone possessing a valid travel document including advance parole can reenter the U.S.

Individuals Who ARE Affected:

The Order applies to individuals outside the United States on the effective date of the order and who:

  1. Do not have a valid immigrant visa on the effective date; and
  2. Do not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) on the effective date, or issued on any date thereafter that permits travel to the United States to see entry or admission.

Exemptions:

Furthermore, the Order exempts the following classes of individuals:

  1. Green Card holders – Legal Permanent Residents (LPRs).
  2. Individuals and their spouses or children seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional to perform work essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak (as determined by the Secretaries of State and Department of Homeland Security (DHS), or their respective designees.
  3. Individuals applying for a visa to enter the U.S. pursuant to the EB-5 immigrant investor visa program.
  4. Spouses of U.S. citizens.
  5. Children of U.S. citizens under the age of 21 and prospective adoptees seeking to enter on an IR-4 or IH-4 visa.
  6. Individuals who would further important U.S. law enforcement objectives (as determined by the Secretaries of DHS and State based on the recommendation of the Attorney General (AG) or their respective designees).
  7. Members of the U.S. Armed Forces and their spouses and children.
  8. Individuals and their spouses or children eligible for Special Immigrant visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification).
  9. Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees).

Threat to Nonimmigrant Visa Holders:

This is mostly encouraging news for businesses and nonimmigrants currently in the U.S. but there is threat in the Order. It requires both the Secretaries of Labor and DHS, in consultation with the Secretary of State, to review nonimmigrant programs and recommend to the President other appropriate measures to stimulate the U.S. economy and ensure “the prioritization, hiring and employment” of U.S. workers within 30 days of the effective date.

We will continue to monitor the situation and provide you with any new developments.

Read more: https://msigts.com/why-america-needs-its-immigrant-talent/

For more information on MSI’s Immigration Services please contact us at msi.immigration@msiimmigration.com

Information for this update has been provided by our global network of immigration partners. Given the nature of and speed at which online communications are developed, we will make every effort to maintain the accuracy of the information provided. However, materials contained in this alert are subject to change at any time without any notice.