Did you know?


President Trump signed another executive order, suspending entry to the US through non-immigrant visa categories such as H-1B, L-1, J-1, and H-2B but relax! It still does not include EB-5!


In our last blog, we had reported that on April 22, 2020, President Trump signed an executive order that will limit immigration into the United States of America. That original order affected foreign nationals who were outside the US on April 23, 2020, did not yet possess an immigrant visa of any kind and did not have an official travel document other than a visa. The ban was supposed to be for 60 days with a possible extension.


The new Proclamation was issued to continue to suspend the entry of aliens who present a risk to the U.S. labor market following the coronavirus outbreak. In the Proclamation, the President stated that “between February and April of 2020, more than 17 million United States jobs were lost in industries in which employers are seeking to fill worker positions tied to H-2B nonimmigrant visas. During this same period, more than 20 million United States workers lost their jobs in key industries where employers are currently requesting H-1B and L workers to fill positions. Also, the May unemployment rate for young Americans, who compete with certain J nonimmigrant visa applicants, has been particularly high — 29.9 percent for 16 to 19-year-olds, and 23.2 percent for the 20 to 24-year-old group. The entry of additional workers through the H-1B, H-2B, J, and L nonimmigrant visa programs, therefore, presents a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak.”


This new Proclamation extends the old suspension until the end of this year with certain modifications and covers non-immigrant work visas such as H-1B, L-1, J-1, and H-2B. This suspension also includes spouses and children of the non-immigrant visa applicants (H-4, L-2, J-2 visa category). It is important to note that this suspension will only affect those individuals who were outside the US without one of these visas on or after the Proclamation goes into effect, which is June 24, 2020. Those candidates who either were outside the US with a valid visa or are currently in the US with a valid visa are kept outside the Proclamation.


EB-5, as well as other nonimmigrant visa categories, such as E-2 and O-1 that are quite popular, are also kept outside the decree. As such, these and other unaffected visa procedures are expected to continue with the opening of consulates currently closed due to COVID-19.


In light of the uncertainly that lies ahead, we strongly urge our clients who intend to immigrate to the US to be vigilant and take action as opposed to procrastinating. We realize that the changes that took place last November, in the minimum required investment amounts that were raised significantly, coupled with the new definitions of what constitutes as a TEA and what does not, has kept many of our clients on the sidelines. That said, if you have a medium to a long term plan to immigrate to the United States, it might make a lot of sense to review your options now, before it becomes too late, and all other options are closed one by one. As you can see, the EB5 might be your best alternative to achieve your permanent residency goal.

If you want to get more information about the President’s new executive order, or EB-5 in general, please do not hesitate to call us at + 1 917 355 9251, or write to us at info@americaeb5visa.com.


Posted by americaeb5visa on June 24, 2020