As you all know by now, President Trump signed his Presidential Proclamation which, as of 11:59pm on April 23, suspended entry to the United States by certain categories of immigrants.
So what does it mean for you, your family, or your business? As in many things in life, some immigrants were lucky, some were unlucky, and some are probably on borrowed time.
First, who got lucky, and is not included in this Proclamation:
- All non-immigrant visa holders. That means if you have an H-1B visa, a TN visa, an F-1 student visa, a K-1 fiance visa, even a B-2 visitors visa, you are not barred from entry. Because non-immigrant visa holders are not immigrants.
- Persons already inside the United States. So if you have an application pending for a family or employment-based greencard, you will still receive it, so long as the person who will get the greencard is here in the United States. And as of now, the Proclamation does not prevent you from applying for a family or work-based greencard (and now is probably a good time).
- Persons who already have their greencard, or already have the immigrant visa stamp in their passport, valid as of April 23rd.
- Spouses and children (including adopted children) of U.S. citizens, including members of the U.S. military.
- Persons (with their spouses and children) who are immigrating to the United States who are a healthcare professional, researcher, or coming to combat COVID-19.
- EB-5 Immigrant Investors.
- Special Immigrants, essentially meaning interpreters for U.S. forces abroad who qualify.
- Refugees and asylum seekers.
- Persons who the government determines should be admitted for law enforcement purposes or in the national interest.
Second, who didn’t get lucky, and are included in the Presidential Proclamation:
- Parents, adult children, brothers, and sisters of U.S. citizens. The wait has already likely been very long. It just got longer.
- Spouse, adult children, and children of U.S. Lawful Permanent Residents.
- Persons who had completed everything for Consular Processing, and were approved, but didn’t get their passport back yet with the visa stamp.
Third, who is on borrowed time? The Presidential Proclamation states that the Secretaries of Labor and Homeland Security must report back to him in 30 days on whether he should restrict the number of nonimmigrant work visas, like H-1B’s and TN’s. In the Trump Administration, we can all surmise that these Cabinet Secretaries will likely find that the restriction of nonimmigrant work visas is warranted – and try to limit their entry. So we may soon see a second Proclamation, much like the Muslim Ban that went through three iterations before it passed Supreme Court review.
At this time, if you got lucky, do everything you can to make progress in your case. If you didn’t get lucky, stand by: immigration, like the weather in West Texas, changes constantly, and things may get better (or worse) with little notice. And if you are on borrowed time, it’s a good idea to evaluate your options and see if there is anything you can do to stay ahead of the next Proclamation.
If you need legal advice, or would like to review your immigration options, please contact our office at (610) 664-6271 to schedule a consultation.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. Readers of this blog should contact our office or their own attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and the law firm of Hogan & Vandenberg or its employees.
by W. John Vandenberg
I miss Tara O’Connor.
We lost a great Immigration Lawyer this year. Tara was one of my first role models as an attorney. I met her when I was a law student, clerking at the Law Office of David E. Piver. Tara was an incredible Immigration Lawyer. Diligent, knowledgeable, and creative, she never hesitated to answer my questions about business immigration. She had an incredible sense of humor, and was an amazing writer. You were a lion in your fight against cancer, Tara, and you are dearly missed.
If you are a friend of Tara’s, or would like to say “thank you” for her help in obtaining immigration status, you can do so by making a donation for the care and education of her two sons. Send a check, payable to the Tara S. O’Connor Donation Account, to:
National Bank By Mail
PO Box 36520
Louisville, KY 40233-6520
Post-script, February 10, 2015
Immediately following, the family will be traveling for a private interment of Tara’s ashes. We will meet everyone at the gathering between 1 and 1:30.
The gathering will be at The Lamb Tavern (AKA The Porch Restaurant at the Lamb) in Springfield. They are prepared to receive our guests immediately following the memorial service, even though the family will be arriving later.
We are so looking forward to our family and friends, and feeling Tara with us on her 43rd birthday.
An update on the “Tara S. O’Connor Donation Account”–
Thank you to all who have contributed to this fund. The financial support is truly making a difference, as Morgan looks to continue to raise his boys in their home in Flagstaff. I had indicated previously that we hoped to get an electronic transfer up-and-running for this account, but unfortunately, the bank is not making it easy–or reasonable!–to do so. So, please use the address below to mail your donations.
Tara S. O’Connor Donation Account
Mail these checks to:
National Bank By Mail
PO Box 36520
Louisville, KY 40233-6520
By W. John Vandenberg
We are all familiar with the benefits of marriage, right? Love, companionship, joint mortgages. A greencard. But for immigrants already married to a non-U.S. citizen spouse, being married can mean something just as important – the ability to work.
We process a fair amount of E-1 and E-2 Treaty Traders and Investors, and choosing the lead applicant deserves careful attention. Especially in the husband and wife context. But we have to always remember that the main applicant can only work for and at the corporate entity that petitioned for them. That can be a good thing — especially when the company is doing well. But it is always important to remember that the spouse receives a wide-open Employment Authorization Document (“EAD”). They get their own social security card, and they can work for whomever — and for whatever — they want. So it’s important to plan out which spouse undertakes which duties.
The J-1 intern/trainee also allows spouses (J-2’s) to have EAD’s. So one can imagine that if one spouse is an intern, their spouse can do as much work as they like on their EAD card. And again — for as much as they can negotiate. This can be very important for start-ups. They often train persons from overseas because, well, because the United States is really good at IT 🙂 But this may also present an excellent opportunities for a “two-fer” for American companies. Because if they provide training or an internship to one foreign national, the spouse can be a regular employee on the J-2 visa for the same amount of time.
So immigrants, and the companies who love them, should always remember that with the right immigration strategy, training and expertise can go together like, well, love and marriage.
The Visa Bulletin for February 2013 is out. It’s a slog.
Family Categories (F-1 to F-4) moved a month or less. Tough news for families, especially the spouses and children of U.S. Lawful Permanent Residents.
For Employment-based categories, EB-1 remains current across the board. For other non-Indian or Chinese workers, the EB-2 category (advanced degrees) remains current, and the 3rd preference (skiilled workers) moved up a month, to 15March07. For Indian EB-2 workers, there is no movement; EB-3 workers saw it progress a week. For Chinese EB-2 workers, the new priority date is 15Jan08, showing a month progress; Chinese EB-3 workers got a month and a half of progress, to 15NOV06.
Congress, I think we can do better than keeping all these folks in line for years, working hard for the United States and our people and economy. They are playing by the rules, and give us their best skills and years. Give’em the greencard, let’em pay taxes, buy houses and goods, and raise their children here. That’s the story of American success, always has been.