Federal Court Blocks Health Insurance Requirement for Immigrant Visa Applicants
November 4, 2019

At a glance
- A federal district court has temporarily blocked the enforcement of a presidential proclamation that would require immigrant visa applicants to demonstrate that they would have unsubsidized health insurance within 30 days after entry to the United States or sufficient funds to cover reasonably foreseeable medical expenses.
- Later this month, the court will consider whether to continue to block the proclamation and issue a preliminary injunction while a lawsuit challenging the proclamation goes forward.
The issue
An Oregon federal court has issued a temporary restraining order (TRO) blocking the Trump Administration from requiring immigrant visa applicants to show that they will have unsubsidized health insurance within 30 days after entry to the United States or the financial means to cover reasonably foreseeable medical expenses.
President Trump issued a proclamation imposing the health insurance requirement in early October and it was to take effect on November 3. It would have applied to most foreign nationals applying for immigrant visas on or after the effective date — including family-based, employment-based and Diversity Lottery immigrant visa applicants. It did not apply to nonimmigrant visa applicants or applicants for adjustment of status to permanent residence.
A lawsuit was filed against the proclamation last week in the US District Court for the District of Oregon. The case is Doe v. Trump.
In issuing the TRO, federal district judge Michael H. Simon found that the plaintiffs showed a likelihood of success on the merits or at least raised serious questions concerning whether the proclamation conflicts with existing immigration statutes. The court also found that the plaintiffs were likely to succeed in their claim that the Administration’s emergency request for approval of a health insurance coverage form violated procedural requirements.
What the TRO means for foreign nationals
The court order means that, until further notice, foreign nationals will not be subject to the proclamation when applying for immigrant visas. The TRO will remain in effect for up to 28 days while the court considers whether to issue a preliminary injunction that would block enforcement of the proclamation during the lawsuit.
Fragomen is closely following the lawsuit and will provide updates as developments occur.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Explore more at Fragomen
Video
The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.
Media mentions
Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.
Media mentions
Senior Counsel Mitch Wexler notes that the US expansion of social-media screening to H-1B and H-4 visa applicants will involve a more detailed review of their online activity.
Media mentions
Partner Edward Raleigh highlights the need for companies to prepare for increased H-1B enforcement and ensure compliance with US worker requirements.
Video
In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.
Media mentions
Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.
Media mentions
UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.
Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.
Awards
Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.
Media mentions
Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.
Media mentions
Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.
Video
Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.
Video
The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.
Media mentions
Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.
Media mentions
Senior Counsel Mitch Wexler notes that the US expansion of social-media screening to H-1B and H-4 visa applicants will involve a more detailed review of their online activity.
Media mentions
Partner Edward Raleigh highlights the need for companies to prepare for increased H-1B enforcement and ensure compliance with US worker requirements.
Video
In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.
Media mentions
Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.
Media mentions
UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.
Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.
Awards
Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.
Media mentions
Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.
Media mentions
Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.
Video
Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.
