President Trump’s 60-Day Immigration Ban Has Zero Impact to Almost All Foreign Nationals in the U.S.

22. Apr. 2020

The Executive Order (EO) President Trump tweeted about on Monday has been signed.  As ILG predicted, the EO makes no impact to the vast majority of the foreign nationals in the U.S.

First, the EO does not impact nonimmigrant visa categories in any way (H-1B, L-1, etc.).  Specifically, the EO does not bar:

  1. Change of Status petitions from being approved by USCIS (such as F-1 to H-1B);
  2. Extension of Stay petitions from being approved by USCIS (such as H-1B extensions);
  3. Anyone from entering the U.S. with a valid nonimmigrant visa; or
  4. Anyone from applying for a nonimmigrant visa (visa stamping), although routine visa processing have been temporarily suspended since March 20th due to the spread of COVID-19. 

The EO also does not impact permanent residency (green card) processing from within the U.S.  Specifically, the EO does not impact

  1. PERM applications;
  2. I-140 petitions (in any EB category);
  3. Adjustment of Status (I-485) applications; or
  4. Family-based immigration for anyone in the U.S. (e.g., I-130/I-485 applications).

Needless to say, the EO does not impact permanent residents (green card holders).

The EO merely impacts (delays) individuals seeking U.S. permanent residency from abroad (i.e., green card consular processing) if the applicant:

  1. Is outside the U.S. on the effective date of April 23, 2020 at 11:59 pm (ET);
  2. Does not already have an immigrant visa (permanent residency approval from a U.S. Embassy/Consulate);
  3. Does not have an official travel document other than a visa (e.g., advance parole document); and
  4. Does not meet one of the many exceptions (e.g., healthcare professionals, EB-5 investor green card applicants, spouses of U.S. citizens, etc.). To see the list of all exceptions, read the Executive Order.