Trump's latest executive order bans new issuance of certain work visas
Yesterday, June 22, 2020, President Trump issued an executive order that will freeze the new issuance of H-1B specialist worker visas, H-4 visas for dependents H-1B workers, L-1 transfer visas, as well as J-1 exchange visas (including interns, trainees, teachers, camp counselors, and au pairs), and H-2B visas for non-agricultural temporary workers through the end of 2020. The latest executive order also extended, through the end of 2020, the effect of the previous executive order from April 22, 2020, which restricted the ability of applicants for permanent residence in certain permanent residence categories, who were not present in the U.S., from completing the immigration process. (Please click here to view my article explaining the previous executive order.)
The latest executive order allows holders of H-1B specialist worker visas, H-4 visas for dependents of H-1B workers, L-1 transfer visas, as well as J-1 exchange visas, and H-2B visas for non-agricultural temporary workers who are already in the U.S., to remain in the U.S. and extend their status, if they are otherwise eligible to extend their status, but they will not be able to obtain a new visa at a U.S. consulate abroad for international travel. Those who currently hold a valid visa of the above-mentioned types, will still be able to use the visa for international travel and, if they are currently abroad, they will be able to return to the U.S. with the valid visa.
If last week’s immigration story was the David vs. Goliath scenario of the DACA recipients winning against Trump in the Supreme Court and stalling the cancellation of the DACA program, this latest immigration story is the “Clash of the Titans”, since President Trump is now taking on the entire technology industry and multinational companies that heavily use the H-1B and L-1 visas to employ talented foreign workers.
My prediction is that technology companies and multinational companies will be filing lawsuits in federal courts across the U.S. to seek injunctions in order to block the implementation of the executive order because many employers have petitions for the above-mentioned visa types already pending with USCIS. This is a particularly serious matter for employers petitioning for H-1B visas, since such petitions can be filed only once a year, namely in April. This will provide a good argument to justify an injunction, blocking implementation of the executive order on the grounds that implementation would cause irreparable harm to U.S. employers and undermine their competitiveness.
We will publish a follow-up article on this executive order once the legal challenges to it emerge. If you would like to view the executive order, please click here.