PRESIDENT TRUMP’S JUNE 22, 2020 PROCLAMATION

Posted on by Hayden Smith

We are all aware that this proclamation suspends the entry into the U.S. of certain H-1B, H-2B, J and L nonimmigrants and their spouses and children.

There are few exceptions and they primarily focus on the national interest of the U.S. including providing medical care or medical research for COVID-19, providing services critical to defense or law enforcement, and providing services that facilitate the economic recovery of the U.S.

Be aware that this proclamation also instructs other actions to be taken to ensure that the presence in the U.S. of H-1B nonimmigrants and those seeking EB-2 or EB-3 benefits do not disadvantage U.S. workers. There are no details provided at this time as to what these actions may be, but speculation abounds that they could include an increase in Department of Labor audits of labor certifications and possibly re-testing of the market for labor certifications.

HIGHLIGHTS FROM CHECK-IN WITH CHARLIE REGARDING JULY VISA BULLETIN

Posted on by Hayden Smith

EB-1 Worldwide remains current in July and should remain so through the end of this fiscal year.

 

EB-1 India  advances significantly, moving forward eleven months from June 8, 2016, to May 8, 2017.

 

EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, Philippines, and Vietnam) remains current in July and should do so through FY2020.

 

EB-2 China and EB-2 India will certainly exceed their per country limits this year. The open question is how close the EB-2 category will be to reaching its worldwide limits.

 

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 advanced more than ten months in June, advances at a significant yet slower five month pace in July 2020 from November 8, 2017, to April 15, 2018.

ATTENTION F-1 STUDENTS ATTENDING COLLEGE FALL 2020

Posted on by Susan Lane

Temporary exemptions for Spring and Summer 2020 provided for online course instruction while maintaining F-1 status. That changes for the Fall semester.

Temporary exemptions for Fall 2020 provide that:

1.    Students attending schools operating entirely online may not take a full online course load and remain in the U.S. Those students will be considered out of status and subject to removal proceedings. Those students must either depart the U.S., or transfer to a school with in-person instruction to remain in status.

2.    Students attending schools operating under normal in-person classes are bound by existing regulations, which means they may take a maximum of one class or three credit hours online.

3.    Students attending schools adopting a hybrid model, i.e., a mixture of online and in person classes, will be allowed to take more than one class or three credit hours online. Contact your school’s international office for information on how to remain in valid status in this situation.

F-1 students attending English language training programs and M-1 students are not allowed to enroll in any online courses.

President Trump’s Proclamation effective June 24, 2020

Posted on by Hayden Smith

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.

__________

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

President Trump suspends entry of Immigrants, i.e., Permanent Residents, into the U.S., effective April 23, 2020.

Posted on by Hayden Smith

This suspension applies to aliens who are outside of the U.S. on April 23, 2020, do not have an immigrant visa that is valid on April 23, 2020, do not have an official travel document such as advance parole that is valid on April 23, or issued on any date thereafter that permits travel to the U.S.

Exemptions from this Proclamation include lawful permanent residents of the U.S., or spouses or children of U.S. citizens. It does not apply to those seeking to enter the U.S. on an immigrant visa (i) who are physicians, nurses or other healthcare professionals; (ii) to perform research related to COVID-19; or (iii) to perform essential work related to COVID-19.  It does not apply to EB-5 immigrants or members of the Armed Forces, their spouse and children.

This Proclamation will expire 60 days from its effective date and may be continued as necessary.

 

President Trump suspends entry into the U.S. of certain students and researchers from China, effective June 1, 2020.

 

Any student from China seeking to enter the U.S. in F-1 or J-1 status who has received funding from, or has been employed by, or studies or conducts research at or on behalf of an entity in China that implements or supports China’s “military-civil fusion strategy” will be refused entry into the U.S. Students seeking to pursue an undergraduate degree are exempt from this Proclamation.

This Proclamation will remain in effect until terminated by the President.

What is also of grave concern is that Chinese nationals already in the U.S. in F or J status, if determined to meet the criteria above, could have their visas revoked.

President Trump is poised to issue another Proclamation to stop L-1s, H-1Bs, H-2Bs, and J-1s from entering the U.S. for a temporary period of time. Specific details are not yet known but this could be in effect for as long as 90-180 days.

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

Posted on by Susan Lane

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.

USCIS Resumes Premium Processing

Posted on by Susan Lane

USCIS will resume premium processing for certain petitions beginning June 1, 2020. First up, I-140 petitions eligible for premium may file Form I-907 beginning June 1st. H-1B petitions will be phased in by type over the month of June. Contact Cantey Hanger if you have questions about upgrading your case to premium processing.