US Immigration Stopped by Trump News Info

Suspension of New Green Card Holders to Enter US for 60 Days

In US Immigration - Visas by KumarUpdated : 96 Comments

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 Immigrant visa - aka Green Cards - issued at Foreign Posts by US State Dept 2015 to 2019
  • 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.

President Regulation Info to Suspend Entry of Non-immigrants and Immigrants Rule

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.

New York Times - Trump To Sign Executive order Info

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

Common FAQs

Is US Immigration Temporarily Suspended Official ?

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.

Can I still apply for Extensions , Transfers, COS of H1B, L1, F1, B2, etc?

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.

I was picked in H1B Lottery, Can I come to US now with the Blocking?

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.

Does President has Power to sign Executive Order to Block Non-immigrants ?

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.

I am F1 Student with Admission, Can I come to US in Fall 2020 ?

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.

Will Trump Block New H1B Holders like 60 days block for Green Card holders ?

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..

   

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Comments ( 96 )

  1. Hassan

    Hello will it affect the awaited dvlottery 2021 draws that where supposed to take place next month or they will go on and then the winners will have to wait.Thank you

    1. administrator
      Kumar

      Hassan,
      At this point, they have not given any specific information on the DV lottery, we need to wait and see.

  2. Diego

    Hello Kumar, my case is also an approved EB-1A, I met my priority date and had my interview date schedule but never made since the embassy closed. My abilities are in the medical field. Am I affected by the executive order?

    1. administrator
      Kumar

      Diego,
      If you are in medical field, you have exemption. Try to call the embassy and seek interview. They will give exception for medical professionals and may issue you visa too.

  3. Krish

    Hi Kumar,
    If we read the proclamation in detail, it says there will be a review on non-immigrant program too. Any thoughts on this?

    Sec. 6. Additional Measures. Within 30 days of the effective date of this proclamation, the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, shall review nonimmigrant programs ……”

    1. administrator
      Kumar

      Krish,
      yes, it can have impact. We just wait and see..be prepared. Check the article we wrote recently, it has some guidance.

  4. nix

    will i still be able to get my EAD card with pending AOS status? it didnt mention anything about ead with pending adjustment of status –married to us citizen.

  5. Safee

    Hi Kumar

    I have a question as we have received stamped visa on our passport and we have been waiting for flights to be available so our plan to move USA in end of June. our visa type is I-551 and called at Eb2-NIW category so did USA allow us to enter. really worried about it as our visa will expires in mid of July 2020.

    1. administrator
      Kumar

      Safee,
      if you have just got immigrant visa and never entered US, then you cannot enter now for 60 days as there is proclamation. You should check with US consulate in your country and confirm before you plan anything.

      1. Safee

        Again Thank you just see the comments that we can enter the USA if we have stampted visa before 23rd April 2020. Anyway according to your comments we will check from embassy before boarding.

        Really I have no tension as your comments and replies are informative for us.

  6. Kiara

    Thanks Kumar for your reply!!

    Due to covid 19 now job security is none and seeing situation , is there any change in grace period duration. I heard people talking about grace period changed to 240 days. Can you please help with correct information? Thanks a lot.

    Thanks,
    Kiara

        1. administrator
          Kumar

          Usamn,
          If you have not entered US and it is your first time to enter on Immigrant visa, you may not be able to enter for next 60 days. Double check with your US embassy in your in country before you plan anything.

  7. Amanpal

    Guys, don’t panic. Kumar spent significant amount of time typing and organizing each category section beautifully in blog , but everyone instead of reading asking questions where you can find answers above.
    Don’t comment before reading completely. Wasting all efforts.
    Same questions over and over.

          1. Usamn

            Hi Kumar!
            You are doing v.good job.and u are a expert but according to my information about this executive order.Those people who got thier immigrant visas before Wednesday 24th april they can travel any time to US before the expiry date of visa in executive order they also mentioned the people with valid visas on the date can travel

          2. administrator
            Kumar

            Usamn,
            Yes, you are right, I misread the second sentence. Thanks for correcting !
            That’s the reason, I suggested you to check with US Embassy and then plan your trip…Do check and have something in writing so that you have proof in hand before you board flight… Do share your update, if you check with embassy.

  8. Titly Dhar

    So my lawyers were going to file my PERM application, which comes right after job posting/interviews in the Green Card process, on May 2nd, 2020. Do you know if the Executive Order that’s going to get passed by Trump will affect my case for applying Green Card? OR is it just for people who are newly planning to come in to US or are already in the I-485 stage of their Green Card processes?

    1. Kumar

      Hi, My Employer is about to file PERM(ETA-9089) in the 2nd week of May. Does this new immigration ban on green cards affect PERM application or employment-based green card applications/processes? I am currently in US on H1B Visa

      1. Sid vicious

        Similar scenario..i feel like this will only effect who are in the final stages of getting green card. But I could be wrong.

      2. administrator
        Kumar

        Kumar,
        It may not…As per the video, it seems only for anyone entering on GC. We need to wait for EO to see the full text and implication.

    2. administrator
      Kumar

      Titly,
      It seems to be only applicable to newly entering Green Card holders, but we do not know the reality as we have not seen the official EO. Stay tuned.

  9. Downgraded Panic

    Trump saying “This order will only apply to individuals seeking permanent residency, in other words receiving green cards. Big factor. Will not apply to those entering on a temporary basis”

    Because H1/L1 etc are by definition temporary, these should not be affected.

  10. Yukti

    Hello,

    I came to India for visa stamping and got 221g. Now, H1B expired on April 8 and the h1B extension amendment is filed.

    I am stuck in India. Can I come back once visa is stamped according to EO?

  11. Miguel H

    would J1 PhD students be affected ? I want to do post-completion Academic Training (similar to OPT for F1) for two years after my graduation this coming May 2020. I am currently in the USA,

  12. Praneeth

    Hi Kumar,

    Technically people on H1b shouldn’t work outside the USA. But usually people do that. It all depends on vaccination for Covid 19 and USA comes back to normal.

    1. administrator
      Kumar

      Praneeth,
      Once anyone leave US, their visa status is not relevant. They are not working on Visa anymore…it is employer’s problem to maintain I-9 compliance and work with IRS..

  13. Mads

    will applicants selected on h1b cap this year be affected? I got selected in 2020-21 visa cap. Attorney will be filing petition this month. As I am from Psychology field, this was the only chance I had. I hope the administration doesn’t cancel the whole process for this year. extremely worried!

  14. SK

    Hi Kumar,Due to Covid -19 my wife’s H4 visa interview got cancelled.Do you think will the new executive order impact on H4 visas as well? If so
    Can she enter into US with her F2 visa and later convert to H4 ?

      1. VJ

        Hi Kumar, I read your description on Trump press briefing on executive order. Thanks for putting it together. But as I hear it he said “restriction is for people seeking GC” not the GC holders. There is a difference. Most of the temporary work visa holders like H1B’s are seeking for GC or in path for GC. I wish you were right as I am not an expert level as you are !

        1. administrator
          Kumar

          VJ,
          You are right, some of these terms are used interchangeably, so can be misleading…you are precisely right !
          It is only for someone entering US on immigration visa ( who are new GC holders outside US) 🙂

  15. Aydrian Pollard

    Can this affect NAFTA visa agreements? What is the likely-hood of this, as Trump has already made orders between Can/US and Mex/US.

    1. administrator
      Kumar

      Aydrian Pollard, The latest press annoucement does not talk about it. We need to see official EO to know details. I doubt, if it will.

  16. xfinity

    Hi all,

    I am currently on H1B with I-140 approved with my previous employer. Due to COID 19 my company has announced layoffs and my last day at work is May 01, 2020. I was able to secure a new employer and the transfer process has been initiated. The LCA was submitted for certification April 16, 2020 and I-129 is pending. Assuming the recent announcement from the president is true, do we think this will impact H1B transfer applications.

  17. Kumar

    My H1B visa is stamped but due to COVID 19 lockdown, I am stuck in India and working from India. How long I can work from India. Is there any time frame limit? Does anyone know when the USA can open the cross border entry for a valid visa?

    1. administrator
      Kumar

      Kumar,
      You can enter using that, if you have the same job and valid visa anytime before expiry. Check with employer and plan.

  18. Ramesh

    Hi,
    Have few questions-
    1. How much time does Executive Orders take to being sanctioned and to put in action at ground level?
    2. Since due to lockdown in India (with no International flights flying out), once the lockdown is over and able to fly out, will US port of entry allow people with valid H1B visa to enter US?

    1. administrator
      Kumar

      Ramesh,
      They have the power to implement them immediately, usually anywhere around 48 hours. The logic is they have to stop new people from boarding the flight. Imagine someone flying to US with 24 hours or 30 hours journey time with layovers, that will be typical time they will give as they cannot handle new people, who were in flight, when they make it effective.

  19. H4 EaD Wait

    Hi Kumar,

    How long will it take to to sign executive order- to prepare draft and sign 1 week or can it happen this week or we have some time May be until this month end .
    1. When do you think this executive Order will be announced?

    1. administrator
      Kumar

      H4 EaD Wait,
      President said that it will be signed by Tomorrow, Wednesday. It was announced today, check article updates.

    1. administrator
      Kumar

      Usman,
      At this point, unless you have any restrictions for your country, you can enter. The Executive order is not done yet.
      You need check with your US Embassy and CBP to make sure, you can enter, before you fly…

  20. singhkachora

    I have my first H1B apporved till Jul and my stamping is done , but passport collection is caught in lock-down. How do I will suffer , do US laws provide some clauses in such scenarios to extend the VISA approval so that I can fly in future when all is well. I have a negative thought that everything will go in vein and will loose my luck that I succeed in getting draw in 2020 slot.

      1. Andrea

        Hi! I’ve been married to an American citizen for a little more than 2 years. I’m awaiting for my interview to get my green card. Will this affect me??!! 🙁

        1. administrator
          Kumar

          Andrea,
          If you are outside US, it would likely affect. We are yet to see the actual EO. see above updated article.

    1. administrator
      Kumar

      singhkachora,
      It is very hard to know. I am not aware of anything as such. Try to reach out to US Embassy in your country and work with them.

  21. radim parchansky

    The executive order is to be signed today. They will allow family members to leave US in case someone is still in US. It is to protect US jobs and not about protection from Coronavirus. However since most work from home today, I guess they just allow people to work from India as well. US corporations will be looking to cut cost, so likely work will just move physically to india.

    1. Kemi Magadji

      My husband and step son have been approved by USCIS and their paperwork is complete per NVC. My husband is just waiting for an interview appt at the US Embassy in Cameroon. How will this impact his application?

      1. Manuel

        I’ve an approved immigrant visa from Ecuador to US. I’ve been waiting for flights to be available at Ecuador to US. My USA expires June 14th. Can we get an extension?

    2. Shre

      Cannot work outside of the designated work place filed as per the LCA and need an amendment to H1B if it is outside of the metropolitan area. So working from another country cannot happen as per H1B rules.

    1. administrator
      Kumar

      Lokesh,
      At this point, yes you can. Unless an official proclamation order is in place, you should be fine. Check with US embassy in your country to be sure.

    1. administrator
      Kumar

      Jon,
      At this point we do not know. President has the power to do so though. Read the article, we have added more info.

  22. Srikanth

    Hi kumar ,
    My H1B visa stamping was done and I stuck back in my home country due to corona situation. What will be the fate of the people like me …..

  23. june

    I would want to know about the people on cap gap. My visa was picked up this year and i am on cap gap. what happen in this situation? is there a possibility of him nullifying the applications that are picked up…

      1. administrator
        Kumar

        Swetha,
        You need valid US visa to enter US. If you have it, you can try to enter. Check with US embassy in your country and verify, if you can fly and there are no restrictions.

  24. kiara

    Hi Kumar,

    I have a question about grace period of H1. If I am an FT employee of A company and company lay off and give 1 month payroll run. After my payroll ends, how much time I have as grace period to find a new job in current situation.

    Thanks,
    kiara

    1. administrator
      Kumar

      kiara,
      Your last date of employment is the day your grace period starts. It is not about only payroll. If your employer has told x day is last day and given you a letter or email, that’s your day for 60 days grace period start.

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