Washington, D.C. April 24: President Trump signed an Executive Order (the “Proclamation”) on Thursday which temporarily suspends immigration to the United states effective for 60 days.
The president confirmed that this decision is part of his response to the COVID-19 pandemic.
The executive order is effective Thursday, April 23, 2020 at 11:59 ET. While the order broadly restricts immigration there are exemptions for certain types immigration, including EB-5. Specifically, the executive order provides an exemption for: “any alien applying for a visa to enter the United States pursuant to the EB-5 immigration investor Program”.
The executive order provides guidance as to the individuals impacted by these restrictions:
- People outside the United States on the effective date of the order.
- Does not have a valid immigrant visa on the effective date; and
- Does not have a valid official travel document (such as a boarding foil or advance parole document) on the effective date or issued on any date thereafter that permits travel to the Unites States to seek entry or admission.
However, as mentioned above, there are exemptions to these restrictions.
Within the executive order, in addition to individuals pursuing an EB-5 Visa, the following are also exempt:
- Persons who already hold a U.S. lawful permanent resident status (for example, a green card).
- Individuals and their spouses or children seeking to enter the U.S> on an immigrant visa as a physician, nurse, other healthcare professional to perform work essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak (as determined by the Secretaries of States and Department of Homeland Security (DHS), or their respective designees).
- Spouses of U.S. citizens.
- Children of U.S. citizens under the age of 21 and prospective adoptees seeking to enter on an IR-4 or IH-4 visa.
- Any individual who would further important U.S. law enforcement objectives (as determined by Secretaries of DHS and State based on the recommendation of the Attorney General (AG), or their respective designees).
- Members of the U.S. Armed Forces and their spouses and Children.
- Individuals their spouses or children eligible for a Special Immigrant Visas as an Afghan or Iraqi translator/ interpreter or U.S. government Employee.
- Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees).
U.S. Consular Officers have complete discretion to determine whether an individual qualifies for one of the exemptions listed above.
The order expires 60-days from its effective date and can be continued or modified as necessary. 10 days prior to the expiration date, the Secretary of DHS will consult with the Secretaries of State and Labor and make recommendations to the president regarding continuations or modifications to the proclamation.
We will continue to report on updates to this proclamation as it impacts EB-5 and details on any other future EB-5 Program changes as information is announced
U.S. Immigration Fund is America’s leading EB-5 Regional Center operator with world-renowned investment opportunities from New York to California and 6,000 clients from across the globe. With approved Regional Centers located in the world’s most thriving cities, USIF provides exceptional opportunities for foreign investors and their families to obtain permanent US residency through the EB-5 program.