Bandera Americana

June 2020 US VISA Proclamation extends restrictions on certain visa holders and applicants -not EB5

A new VISA proclamation from Donald Trump, issued June 22, 2020, affects the following non-immigrant visa holders and applicants: H1-B, H2-B, J, L.

Additionally the proclamation affects the following immigrant visas: E2, E3.

Notably, the EB5 Visa is not affected…

Programa EB-5

The new Proclamation is an extension of the 60 day edict issued on April 22, 2020 and is in effect from June 24, 2020 until December 31, 2020, and subject to modifications during this time period.

 

In regards to restrictions to H1-B, H2-B, J, L non-immigrant visas:

Sec. 2. Suspension and Limitation on Entry. The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation:

(a) an H-1B or H-2B visa, and any alien accompanying or following to join such alien;

(b) a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and

(c) an L visa, and any alien accompanying or following to join such alien.

The current and expanded restrictions affect applicants who do not as of yet possess the respective visa, and does not affect those who already hold the visa.

 

In the case of EB2 and EB3 applicants and visa holders:

(b) The Secretary of Labor shall, in consultation with the Secretary of Homeland Security, as soon as practicable, and consistent with applicable law, consider promulgating regulations or take other appropriate action to ensure that the presence in the United States of aliens who have been admitted or otherwise provided a benefit, or who are seeking admission or a benefit, pursuant to an EB-2 or EB-3 immigrant visa or an H-1B nonimmigrant visa does not disadvantage United States workers in violation of section 212(a)(5)(A) or (n)(1) of the INA (8 U.S.C. 1182(a)(5)(A) or (n)(1)). The Secretary of Labor shall also undertake, as appropriate, investigations pursuant to section 212(n)(2)(G)(i) of the INA (8 U.S.C. 1182(n)(2)(G)(i)).

EB2 or EB3 applicants and holders may could possibly see their petition or visa revoked, if there is proof that their position is dis-advantaging a lawful permanent US resident.

Last week we wrote about some of the more than 60 US Visa types available to foreigners. We shared 10 advantages of the EB5 Visa. In 2020, due to the economic downturn caused by COVID-19 we can add that another advantage of the EB5 Visa is that it is NOT being affected by the current restrictions.

US Visa Types | EB5 vs the Others: F1, E2, H1B

As quoted from the April 22 Proclamation 10014:

(b) The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:

(i) any lawful permanent resident of the United States;

(ii) any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;

(iii) any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;

(iv) any alien who is the spouse of a United States citizen;

(v) any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications.

 

From an immigrant-investor standpoint it is important to know all the ways that the ongoing Coronavirus is affecting the economic landscape. As it stands, the current US stance is prioritizing home grown employment to bolster the depressed economy.

The EB5 Visa Program allows the applicant to petition for a US Green Card. Additionally, through the substantial investment, it directly creates US jobs for US workers. This posits the EB5 as a unique visa type that is crucially important for US economy recovery. For these reasons, it’s our opinion that any future modifications to Proclamation 10014 will not affect EB5 applicants and visa holders.

To learn more about your visa and investment options for 2020, contact us today.