President Trump did a tweet on late evening of April 20th, 2020 and it has gone wild with many media outlets picking it up and promoting…on April 21st, 2020 President Trump announced 60 days temporary pause on new green card holder to enter US. This page will clarify that and we will continue to update this as we get new information or alerts…
Trump Sings Executive Order to Suspend New GC Holders for 60 Days
April 22nd, 2020 : Trump has signed the Executive Order today confirming what was indicated yesterday. It includes all the clarifications on who is included and who is not impacted. In short, nothing has changed from the press release yesterday and primarily New Green Card Holders trying to enter US are the ones that are impacted for 60 days. This can change in future. Also, there is a clause that tells to review non-immigrant visa programs like H1B, L1, etc. giving guidance to DOL, DHS . Check out the complete Summary of Executive Order signed by Trump for 60 days Pause
Suspension of New Green Card Holders to Enter US for 60 Days
April 21st, 2020 : Today, in the White House press briefing President Trump gave details regarding the tweet that was posted by him yesterday on “temporarily suspending US Immigration”. Below is the summary of the news briefing. You can check FAQs section for clarifications.
- Green Cards Recipients Entering US Paused for 60 Days : Trump said that he will issue and Executive order that will pause new Green Card Holders from entering US for 60 days. These are typically green card recipients either family based, employment based, etc. from abroad arriving into US on immigrant visa. Additional details such as, if any exceptions for certain types of Green Card Recipients was not announced in the press briefing. The executive order is being drafted and not yet available for public to review.
- New Green Card Holders Impact of this ? How Many ? : Every year about Half a million Green Card Recipients enter US using this option. These numbers went down since Trump has taken office. Last year, the number of new Green Card holders that entered US and immigrated were about 462,422. It will impact all these folks. At this point, we do not know, if any exceptions in this list. See below data for Green Cards Holders entering US. It is screenshot of data from Travel.State.Gov Visas Report
- Why Suspend Green Card Holders : This is to protect American workers and jobs of American workers. In general, Green Card Holders do not have any work restrictions and can work for any employer. So, these new GC holders will compete with American workers, who lost jobs. The rationale is to not have new green card holders enter the labor market and flood it. There were about 22 million jobless claims filed so far since the pandemic and this move is to help currently unemployed Americans.
- Does Suspension Apply to Non-immigrants – H1B, L1, B2, F1 : No, President said that it will only apply for green card recipients entering US and does not impact any of the non-immigrants entering US. Non-immigrant visa holders include temporary work visa holders like H1B, L1, H4 or Student visas like F1.
- Will it be more than 60 days : President clarified in the press release that based on the situation, it will re-assessed and decided, if there is a need to extend it.
- Is the Executive Order Ready : Not yet, they are writing the Executive order and it is likely to be signed tomorrow ( Wednesday, April 22, 2020).
- Seasonal Farm Workers Not affected : President Trump explicitly said that seasonal farm workers will not be impacted. These are typically H2A workers.
- Official Announcement Video : Below is the 2 min clip of President announcing this. This is the main news. Other than this, there is not much. Anything else you see, is all media outlets creativity in writing 🙂
What’s the meaning of Temporary US Immigration Suspension ?
Update : President Trump issued press release on below tweet on April 21st, 2020
April 20th, 2020 : President Trump Tweeted the below, this is the only news ! No other official information is released by WhiteHouse or by USCIS/ DHS at this point. There is NO executive order yet and it is NOT yet signed by Trump. That’s all you need to know ! That’s the only official news from Twitter by Trump’s official account !
Can Trump Sign such Executive Order – Regulation ?
As per regulation 8 U.S.C 1182, the President of United states has the authority to suspend entry or impose restrictions by proclamation, if President finds that entry of foreign nationals would be detrimental to US interests. President can suspend entry of all foreign nationals or certain visa types as needed, that includes both immigrants and non-immigrants. See below the official regulation text screenshot highlighted for your. All this tells us is that Trump has the power to suspend entry for non-immigrant work visa holders like H1B Visa, L1, or any other visa types, if the president believes it can hurt US interests. The trick is the second part, “Detrimental to US Interests “, which means “something that may cause harm to US interests”. Now, the big question is how President will justify that second part to put in proclamation… You can check completed details of Regulation 8 U.SC. 1182.
Will the Executive Order be Signed for US Immigration Suspension ?
Update : Read the update in beginning of article, president did press briefing on April 21st, 2020, indicating that Executive Order will be signed to halt new green card recipients to enter US for 60 days.
April 20th, 2020 : This is something that no one knows at this point. Politico has published news that that DHS is working on the draft of the Executive Order. They say in that article the reason for this move could be the rise in unemployment situation…again, all of these speculations and insider info. No one can validate anything.
New York Times published an article that tells as per their sources that president plans to sign something that suspends new green cards, work visas ( assuming H1B visa), etc..See below screenshot. Again, this is New York Times connections and journalists getting the info, so we do not know the reality. Check the NYTimes Article on US immigration Suspension.
Until we see a real Executive Order officially signed by President Trump, we cannot say. This may happen knowing the kind of stance on immigration that current Trump Administration has. We need to wait and see.
You may watch the below YouTube video on potential reason for the tweet and Executive Order
Impact to H1B Holders, New H1B 2021 Lottery ?
Update : President Trump said that it will not impact non-immigrants and the 60 days block will NOT apply. We are yet to see the specifics of the Executive order. But, as of now, it seems that it will NOT have any impact on the H1B, H4, L1, L2, H4 EAD, F1 and other Temporary Visa holders, who enter US on Temporary Non-immigrant Visas.
April 20th, 2020 : Well, at this point, there is NO guidance or information on this. All that is circulating around is that is everyone trying to analyse the one tweet and do all sort of speculations. Some news agencies like NY Times are giving some additional info, but not official though…As you know that H1B 2021 Lottery Receipts are Delayed due to the COVID19. Usually, the way it works is that, the Executive order are typically aimed at stopping people to enter US on Visas, or new Green Card holders, you can read that in regulation too above and the screenshot as well. If you are already in the US on H1B visa, then it maybe fine, the reason is : signing such thing may cause harm to US economy as critical services employees like doctors would not be able to work on H1B visa… This is again our guess at this point. We will keep everyone updated as we get more info.
Impact to H4 EAD Holders ? L1, L2 , F1 Holders ?
Update : President Trump said that it will not impact non-immigrants and the 60 days block will NOT apply. We are yet to see the specifics of the Executive order. But, as of now, it seems that it will NOT have any impact on the H4, L1, L2, H4 EAD, F1 and other Temporary Visa holders, who enter US on Temporary Non-immigrant Visas.
April 20th, 2020 : Similar to above, we do NOT at this point what kind of impact it can have. We have no information. The goal of the Executive order could be to stop people coming to US and taking jobs that US Citizens can take…So, we do not know if H4 EAD would be part of it or not. Not sure how F1 holders would be handled as they are student visas…. The biggest issue is, no one know and all are speculations.
What Should I do as a Non-Immigrant in US on H1B, H4, L1, L2 or F1 ?
Update : As of April 21st, 2020, it does not apply for Non-immigrant Visa holders. So, stay put and we will have more details once we have the official Executive order.
April 20th, 2020 : Firstly, DO NOT Panic…No Official Announcement is out yet. But, will it become a reality ? No one knows at this point. It may happen as President has such power. So, start to plan for backups, if there is a worst situation. If you have any of your petitions expiring soon, apply for extensions before anything happens to this Executive order. This is just a precaution. Follow updates on USCIS with COVID-19 and Immigration News and apply soon.
What about People on H1B, H4 Stuck outside US ?
Update : As of April 21st, 2020, it does not apply for Non-immigrant Visa holders. So, technically H1B and H4 holders stuck outside of US should be able to enter US. We will have more details once we have the official Executive order. Stay tuned.
April 20th, 2020 : We do not know, what will happen to this as well. In any case, if you waiting for Visa stamping, you cannot do it until the Consulates opens as US Consulates are Closed with COVID-19
Yes, it was officially announced on April 21st, 2020 in White House Press Briefing by President Trump. But, the scope of it is not released as Official Executive Order is not released yet. Read above article for info on what 60 days pause for new green card holders.
Yes, nothing has changed. As per the press release by President Trump on April 21st, 2020, it does not apply for Non-immigrant holders like H1B, L1, F1, or B2, etc. visa holders. No official Executive Order is released yet, we will know more, once released.
Yes, nothing has changed for New H1B Lottery selected applicants. As per the press release by President Trump on April 21st, 2020, it does not apply for new H1B Lottery Selected Recipients as they fall under Non-immigrant holders No official Executive Order is released yet.
Yes, he has the power to do so. As per regulation, check above article for screenshot, he has the power to block entry of non-immigrants like H1B, L1, B2, etc. and also Immigrants too under certain circumstances.
As of now, nothing has changed. The President in White House press release on April 21st, 2020, indicated that it does not apply to temporary visa holders and F1 holders fall under non-immigrant temporary visa holders. We are waiting for the official Executive Order.
Well, at this point, it is hard to say. He has the power to do it. But, will he do it or not, is something we do not know. Many business rely on H1B holders, so odds of such blocking is low. But, we do not know..it all depends on unemployment issues and other political motives.
There are many more questions like below
- Will I have to leave US, if they stop immigration ?
- What happens to my Green Care pending application ?
- Will it increase processing times with USCIS ?
- I have kids, family in US, but I am stuck in Home country, can I go back ?
- My job is at stake, can I enter US now ?
- I have admission for Summer, can I come to US now ?
- I have project starting soon on L1 in US, can I go ?
- Will H4 EAD be cancelled with this ?
- What will happen to H4 EAD renewals ?
Many more such questions….
At this point, we do not have any new Executive order text released, so we need to wait and see, if any exceptions.
See below tweets from Other attorneys on their view…
What do you think of the press briefing and suspension of 60 days ? Add your thoughts in comments..