Trump Executive Order Suspend Immigration - Questions & Answers

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Hi Anil, you haven’t talked about this section of the EO:
(b) The Secretary of Labor shall, in consultation with the Secretary of Homeland Security, as soon as practicable, and consistent with applicable law, consider promulgating regulations or take other appropriate action to ensure that the presence in the United States of aliens who have been admitted or otherwise provided a benefit, or who are seeking admission or a benefit, pursuant to an EB-2 or EB-3 immigrant visa or an H-1B nonimmigrant visa does not disadvantage United States workers in violation of section 212(a)(5)(A) or (n)(1) of the INA (8 U.S.C. 1182(a)(5)(A) or (n)(1)). The Secretary of Labor shall also undertake, as appropriate, investigations pursuant to section 212(n)(2)(G)(i) of the INA (8 U.S.C. 1182(n)(2)(G)(i)).

Do you think it will make Eb-2, Eb-3 process more difficult? more denials?
Thank you

A post was split to a new topic: Travel ban: H4 waiting for h1B lottery to be approved in USA - Is it affected?

Same situation here - @Anil.Gupta: just curious on what basis do you think the spouse will be allowed for visa interview if h1b is in us? I’d love it if that is the case but the order doesn’t mention that.

Hi Anil,
Now that FB GC’s won’t be issued abroad at embassy, Would that move PD faster for FB GC application filing chart dates? If yes, how would that look like for F4?

Hi Anil,

I am currently in USA and My H1B visa is expiring on 8/2/2020. My employer is working on filing my extension in next 15 days.
Does this EO will restrict the filing of H1B extensions for the people who are already in USA

Thank You
Ash

Hi Anil,

I am in India since Feb2020 and have joined Indian counterpart of the US company I was working before Feb2020. I am working for same position/client. My approved i129 shows 2b checked. I have valid i797b and cancelled visa appointment. Am I exempted from travel ban as per changes on Aug12 on Travel state site? Please confirm.

Thanks for you help

My H1B Cap exempt petition was approved on May 19 2020. I was in Denver in 2018 in H1B and my extension was denied. My employer filed new cap exempt petition from india in 2019 for the same location. For Question 2 under part 2 in my I-129 petition, the check box was checked for “New Employment” as it is a new cap exempt petition.
Please advise, if I’m eligible to get Visa stamp before 12/31/2020 as per the new update from trump.

@anil_am22 What impact will the latest GC/Visa ban till Feb, 2021 have on the priority dates for EB2/3 for India?

Hi Anil @anil_am22, Happy New year. Hope you are doing well. I believe the page on am22tech has contradicting statements.

Statement-1 --> In the picture comparing OUTSIDE USA vs INSIDE USA, it is mentioned that New Visa will not be stamped.

Statement-2 --> It is also mentioned, Dropbox appointments are available if you are eligible at the beginning of the page.

Isn’t it true that a person who was present in the US on the date of the proclamation and eligible for Dropbox can now travel outside the US and get a visa stamp? Can you please confirm whether I misunderstood the information?

Yes, you are right, the image shows the time stamp as June 2020. It needs to be updated.

The article has been updated with new rules that came up after the initial ban was signed in June 2020.

The travel ban rules app has also been updated and shows most recent rules and updates.

You are right, picture needs an update. Thanks for sharing.

@anil_am22 Thanks for confirming that Anil.

I also noticed that the travel ban app needs some update.

When I choose that I was physically present in the US on June-24, it results in stating that you can apply visa only if your case falls in exceptions.

I believe that the travel ban itself shouldn’t apply to this case. It only should output the option to check the Dropbox eligibility ??

Yes, you should be able to apply visa stamp if you are going back to work for same employer and same job position.

H1B transfer and amendment cases after June 24 are still banned.

That’s why it says if your case falls in the exception.

Thanks for the response @anil_am22.

I believe your statement related to transfers and amendments applies to someone who was not present in the USA on 6/22.

I have read recent posts wherein there was a change in employer after 6/22. Since they were physically present in the USA, they still got their visa stamped using Dropbox appointments.

All the list of exceptions is for someone who was not present in the USA on 6/22 according to the official link and it clearly states that the proclamation doesn’t apply to someone who was in the US on 6/22.

am22 is the source for many people like us and you are doing a commendable job in providing us the latest updates. Please request you to check if my understanding is correct and update the travel ban app if needed.

As per my understanding, transfer, amendment cases are still part of exception if you travel.

If you can share a real life example, then i can try to validate it. I am personally not aware of any such case and hence can’t say if US embassy is allowing it.

Hi Anil,
The travel ban which has been extended till March 31st, does it impact H1B cap exempt filings as well?
Am in India and my Perm was recently approved and i140 is in progress. I believe Am eligible for drop box (Previous visa stamping valid till March 2020). If I have i140 approved, can I file an H1B Cap Exempt in Premium and get a decision in 15 days? Or that has been held by the ban as well? Please clarify and thanks in advance

As per news travel ban has been revoked… can you elaborate this?? My visa type is F21… am i now eligible to submit my 221 g documents???