04/22/2020 Tungol Law Headline News "Trump Signs Executive Order Suspending Green Card Applications for 60 Days"
by: Kristine Tungol Cabagnot
Washington, D.C.– President Trump on Wednesday signed the Executive Order that suspends the permanent residency (green card) applications for 60 days in order to ensure, “that unemployed Americans of all backgrounds will be first in line for jobs as our economy reopens,” Trump stated. “It will also preserve our health care resources for American patients,” Trump added.
The order will apply to foreign nationals applying for permanent residency who are outside the United States at the time it goes in effect, but will not include those who are inside the United States seeking to change their immigration status. This is a key distinction, as an order limiting change-of-status applications for those already inside the country could put in limbo the lives of lawful immigrants; opening a Pandora’s box of litigation.
The order also includes exceptions for essential workers, such as medical personnel, spouses and children of U.S. citizens, members of the Armed Forces, individuals designated by law enforcement, prospective foreign adoptees of U.S. citizens, and prospective “investor visa” users. Trump also noted that the order would not apply to seasonal farm workers who are lawfully working under seasonal guest worker visas.
Another provision is for the secretaries of U.S. Department of Labor (DOL) and U.S. Department of Homeland Security (DHS) to review nonimmigrant visa programs in consultation with the U.S. Secretary of State to “recommend other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers,” according to Trump.
The largest category of immigrant visas are family-based granted to spouses and children of U.S. citizens. However, this order will most likely negatively impact immigrant visa categories of those who are being petitioned by their employers on their merits through employment-based petitions.
It is important to further note that this executive order does not really bring significant changes to the already restrictive immigration regulations in place, even before the pandemic has forced DHS and DOL offices and U.S. embassies around the world to close to the public.
Immigration has become even more fluid than ever amid this time of of the pandemic. We will continue to bring you the latest information regarding the state of U.S. immigration.
Source: Chalfant, Morgan and Bernal, Rafael. “Trump signs executive order limiting immigration.” The Hill, April 22, 2020, available on the web at https://thehill.com/homenews/administration/494230-trump-signs-executive-order-limiting-immigration?fbclid=IwAR1TS3LkwChkRT2Pd2H_r5orR68JTAEDcQEtoW9WFrR1f4XCzbVPjgN-j8E
...
