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
Media mentions
Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.
Blog post
Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.
Media mentions
Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.
Media mentions
Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.
Media mentions
Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.
Blog post
Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.
Media mentions
Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.
Video
Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.
Media mentions
Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.
Video
Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.
Video
In this Mobility Minute, Manager Minu Joseph discusses how academic qualification recognition is shaping hiring and workforce mobility in the United Arab Emirates and what employers should consider when planning international talent transfers.
Fragomen news
Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.
Media mentions
Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.
Blog post
Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.
Media mentions
Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.
Media mentions
Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.
Media mentions
Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.
Blog post
Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.
Media mentions
Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.
Video
Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.
Media mentions
Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.
Video
Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.
Video
In this Mobility Minute, Manager Minu Joseph discusses how academic qualification recognition is shaping hiring and workforce mobility in the United Arab Emirates and what employers should consider when planning international talent transfers.
Fragomen news
Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.
