Today, the U.S. Department of State (DOS) announced a short list of exceptions to President Trump's April 22 and June 22, 2020 executive orders that prevent admission of certain foreign nationals. Notably, the announcement excepts "… spouses and children of certain visa class holders, such...
A large group of H1B and H-4 visa applicants have filed the first lawsuit against the Trump Administration's June 22, 2020, proclamation that prohibits the admission of certain nonimmigrants. Importantly, the lawsuit not only requests the court to rule on each individual's visa application, but...
Last week, the U.S. Citizenship and Immigration Services (USCIS) sent out notices to more than two-thirds of its employees that they may be furloughed, effective August 3, 2020. The USCIS is seeking $1.2 billion in emergency funding from Congress; if this is not granted, the...
Answer The executive order does not prevent a person from requesting admission in B-2 status. One in this situation would have to be able to convince the CBP officer at the U.S. port of entry that they are truly a "visitor," with intention of staying beyond...
Last night, President Trump amended his June 22, 2020 executive order in a small, but significant manner that clarifies and potentially increases the classes of nonimmigrants who are subject to the order. The original version of the executive order stated that, if a foreign national...
Late on the evening of June 22, 2020, the Trump Administration issued a Presidential Proclamation that impacts individuals applying for certain nonimmigrant visas (NIVs). Specifically, the travel ban applies to certain NIVs like the H1B, H2B, L-1, certain J holders, and their dependents.There is fear...
Answer The executive order should not impact H1B cap or non-cap filings within the U.S. The USCIS should still be able to adjudicate all such petitions, as before the issuance of the Presidential Proclamation. If the petition is approved, however, and you are not in the...
Answer If your wife and child each have valid H-4 visa "stamps" in their passports, the executive order should not impact them. Unfortunately, if they do not have valid visas already, it appears they would be prevented from applying for and obtaining the H4 visa stamp....
Answer It is quite likely that this Order will be challenged in Court. Section 212(f) of the Immigration and Nationality Act gives the President the ability to restrict "entry" of foreign nationals into the U.S. The President's powers and its limits under the law are not...
Answer The visa "stamp" in the passport is only an entry document - it is presented to customs at the airport to seek admission to the U.S. The end date on the stamp has nothing to do with one's authorization to remain in the USA. That...
