Aiming to prioritize the employment of U.S. workers during economic recovery following the COVID-19 outbreak, on April 22, 2020, President Donald Trump signed an executive order (“EO”) suspending entry of certain immigrants. Although the EO may be modified or extended, it is presently in effect for 60 days (until on or about June 23, 2020).
The EO applies to people who are outside the U.S and applying for an immigrant visa. The EO does not apply to those who are outside the United States and applying for nonimmigrant visas such as: H1B, H2A, H2B, F1, B1/B2, L1, J1, TN, O1. Similarly, the EO does not apply to: green card holders; health care professionals or medical researchers that are entering the U.S. with immigrant visas (e.g. EB2 NIW) to combat the spread of COVID-19 and their spouse and children (under 21). Nor does it apply to EB5 visa holders, spouses and children (under 21) of US Citizens, foreign spouses of members of the U.S. military and others whose admission is in the national interest of the United States.
Because many U.S. consulates are not scheduling interviews due to COVID-19, even those who are not subject to the EO should expect delayed adjudication. In fact, while most U.S. consulates suspended their routine consular and visa services they are only accepting emergency nonimmigrant visa appointments. Put differently, because of consular closures, the EO doesn’t really suspend much and optimistically, will allow consulates to catch-up in workload which in turn should reduce processing times when things get back to “normal”.
While the suspension may be extended and/or modified, it is temporary. And, while some nonimmigrant work visa programs may be affected because of “measures” to prioritize the employment of U.S. workers we continue to encourage people to apply now for the immigration benefit sought.
Wilner & O’Reilly is a multi-state law firm exclusively dedicated to the practice of immigration law. During these uncertain times, we at Wilner & O’Reilly are closely monitoring developments related to COVID-19 so that we can provide individuals with the up-to-date immigration information they need. For individualized advice on your immigration situation, please feel free to contact us. We offer free consultations at our offices in Orange, Riverside, Fresno, Sacramento, and San Francisco, California; Salt Lake City and Orem, Utah; and Boise, Idaho.
XIAOYAN (LINDA) SUN
Linda Sun is an Associate Attorney with the Salt Lake City office of Wilner & O’Reilly, APLC. Ms. Sun’s practice is focused on removal defense. Ms. Sun earned a Juris Doctor Degree from University of Idaho College of law, graduating at the top of her class and is admitted to the New Jersey State Bar. Her personal experience with immigration and passion for immigration law driven her to law school. During the summers of law school, she gained invaluable experience working as an intern for Wilner & O’Reilly and as a law clerk intern for the Utah State Court. While attending law school, Ms. Sun worked as an intern for the Office of General Counsel for the University of Idaho and for the Immigration Clinic of her law school, providing immigration services to international students and low-income immigrants in the community.
RICHARD WILNER – FOUNDING PARTNER
Richard M. Wilner is a founding member of Wilner & O’Reilly, APLC, and is Board Certified by the State Bar of California as a Specialist in Immigration and Nationality Law. He is admitted to practice law in the State of California and before the U.S. District Courts for the Central, Northern and Southern Districts of California, the Northern District of Texas, the U.S. Court of Appeals for the Ninth Circuit and the U.S. Supreme Court.Mr. Wilner has received the coveted Martindale-Hubbell AV Rating, the highest legal and ethical rating that one can receive from one’s peers in the legal community. Similarly, he has been awarded the title of Super Lawyer from 2007 to the present. He is best known for his work in advising Fortune 500 companies, middle and small market businesses, entrepreneurs, and foreign nationals of extraordinary ability in athletics, arts, and sciences in the complex area of U.S. Immigration and Nationality Law.