President Trump’s Proclamation effective June 24, 2020

The Proclamation suspending entry of nonimmigrants to the U.S. is effective June 24, 2020 at 12:01 AM ET and extends through December 31, 2020, subject to revisions and extension.

This Proclamation extends the earlier April 22, 2020 Proclamation suspending entry of certain immigrants into the U.S. through the end of the year as well.

The Proclamation affects the following nonimmigrant categories plus spouse & children: H-1B, H-2B, J and L.

It only applies to those individuals if they are:

·        Outside of the U.S. on the effective date of the Proclamation;

·        Do not have a nonimmigrant visa that is valid on the effective date of the Proclamation; and

·        Do not have an official travel document other than a visa such as advance parole which is valid on the effective date of the Proclamation.

It is not clear if Canadian citizens who are not required to have a visa will be exempt from this Proclamation.

There are limited exemptions such as those seeking to enter the U.S. to provide temporary labor essential to the U.S. food supply chain, or those who are need to provide services in the national interest of the U.S. such as defense, medical care to COVID-19 patients, or essential to facilitate the immediate and continued economic recovery of the U.S.

This Proclamation does not affect those nonimmigrants already in the U.S.

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This office advises against international travel in the event further restrictions are placed on nonimmigrants.

Check-in with DOS’s Charlie Oppenheim Regarding the June 2020 Visa Bulletin

Charlie does not make any future predictions for family-based categories beyond what the June Visa Bulletin states. For employment-based categories, he has predictions for the following categories only:

 

EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico Philippines and Vietnam) which became current in May 2020 remains current in June. Given the lack of EB-1 demand and the likelihood of otherwise unused numbers becoming available from the EB-5 category, this category is expected to remain current through the end of FY2020.

 

EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico Philippines and Vietnam) and EB-3 Worldwide Other Workers (including El Salvador, Guatemala and Honduras, Mexico Philippines and Vietnam) which had been holding at January 1, 2017, into May, leaps forward by more than 10 months to November 8, 2017, in June. Similar to EB-1 India, there is a large amount of pre-adjudicated demand in EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico Philippines and Vietnam), making it more reliable that the advancements will result in visa issuances this fiscal year.

 

EB-4 Worldwide (including China, India, Philippines and Vietnam) remains current in June. EB-4 El Salvador Guatemala and Honduras advances four months from August 15, 2016, to December 15, 2016. The advancement of EB-4 Mexico slows in June to a little over one month–from May 1, 2018, to June 8, 2018. These advancements were aggressive in order to account for the current processing times in the hope that all visa numbers in these categories will be used during FY2020. It is possible that these dates will hold into July 2020.

 

EB-5 Worldwide (including El Salvador, Guatemala and Honduras, Mexico and Philippines), Regional and Non-Regional Centers, remains current in June. EB-5 China (Regional and Non-Regional Centers) advances only two weeks in June, from July 1, 2015, to July 15, 2015. The pace of advancement also slows in June for EB-5 India (Regional and Non-Regional Centers), which advances only three months from October 1, 2019, to January 1, 2020. EB-5 Vietnam (Regional and Non-Regional Centers) similarly advances only three weeks in June from April 1, 2017, to April 22, 2017. Charlie expects EB-5 India to become current by August 2020. If that is the case, it is possible that otherwise unused numbers might fall to EB-5 Vietnam, allowing that category to advance more rapidly.

The EB-5 Program and Immigration

If you’re an investor, you could qualify to come into the United States under the EB-5 program. Known as the Immigrant Investor Program, this type of immigration was created by Congress in 1990 to help stimulate the U.S. economy – and it’s still going strong today. This employment-based immigration program allows 10,000 people into the U.S. each year.

What is the EB-5 Program?

The EB-5 program requires investors to invest in new commercial enterprises in order to come to the United States. A new commercial enterprise is one that was established after November 29, 1990. However, if you buy and restructure a business that existed before that date to create a new commercial enterprise, or if you expand it through investment and your expansion results in at least a 40 percent increase in the company’s net worth or number of employees, the business could count as a new commercial enterprise.

What is a “Commercial Enterprise”?

A commercial enterprise is any for-profit activity formed for the purpose of conducting legal business, such as a:

  • Sole proprietorship
  • Partnership
  • Holding company
  • Joint venture
  • Corporation
  • Business trust
  • Publicly or privately owned entity

What Are the Job Creation Requirements for the EB-5 Program?

You must invest the required amount of capital that will create full-time positions for at least 10 qualifying employees.

What is the Capital Investment Requirement for the EB-5 Program? The EB-5 Program and Immigration

Capital can refer to cash, equipment, inventory, tangible property, equivalents or indebtedness that’s secured by assets in some cases. While the minimum investment may vary, it can range between $500,000 and $1.8 million, depending on the location of the investment. These numbers are subject to change, so it’s best to speak with an attorney if you’re considering using the EB-5 investor program for immigration purposes.

4 Steps to Getting an EB-5 Visa for U.S. Immigration

For many people, working with an immigration attorney is the simplest way to obtain an EB-5 visa. Once you’ve found an appropriate investment, here’s how getting the visa typically works:

  1. You make the investment and your attorney files the petition with the U.S. government. Usually, you’ll put your investment in an escrow account. Then, your attorney will file the petition, showing that you’ll create ten or more full-time jobs for qualified workers through your business plan.
  2. The U.S. government may request additional information. Because this type of visa petition can be complex, the government may ask you to provide additional information. You should provide the information to your attorney as quickly as you can.
  3. You’ll apply for a conditional green card with your attorney’s help. If the government grants you a conditional green card, you’ll have up to two years to find the ten (or more) employees to qualify for the EB-5 program.
  4. You’ll ask the U.S. government to remove the conditions. When you’ve met the appropriate requirements, you can petition the government to remove the conditions from your green card so you can receive a permanent green card.

Do You Need to Talk to an Immigration Lawyer About the EB-5 Investor Program?

If you’re considering immigrating to the U.S. using the EB-5 investor program, you may want to talk to an attorney as soon as possible. Call us today to schedule your consultation – we’ll answer your questions and help you get on the right path.