President Trump Announces Suspension of Green Card Issuance But Many Questions Remain
April 21, 2020
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At a Glance
- In a press briefing this evening, President Trump announced a forthcoming executive order that is to suspend green card issuance for 60 days, with possible exceptions.
- It is not yet known whether the order will affect applications for adjustment of status for green card seekers in the United States, immigrant visa issuance at U.S. consulates abroad, or both.
- According to some reports, H-1B, L-1 and other nonimmigrant worker programs would not be immediately affected, though future restrictions to these programs cannot be ruled out.
The issue
President Trump today announced that a forthcoming executive order will suspend processing of permanent residence applications for 60 days, with the possibility of some exceptions. He characterized the measure as a means to protect U.S. workers and conserve medical resources during the COVID-19 pandemic.
The President did not offer specifics. It is not yet known with certainty to what extent the order will affect family-based and employment-based permanent residence case processing The Administration has not confirmed whether applications for adjustment of status will be affected. Routine immigrant visa issuance at the consulates has been suspended since mid-March as part of the State Department’s COVID-19 containment measures, but adjustment of status applications have not been a direct focus of the Administration’s COVID-19 response to date.
Impact on nonimmigrant programs
The executive order reportedly would not have an immediate impact on the H-1B, L-1 and other nonimmigrant worker programs. The President did not rule out future orders addressing these programs, however.
What’s next for the green card suspension
Because the executive order has not yet been made public, details of the suspension—including the effective date of the order and exemptions—cannot be confirmed at this time.
President Trump has said that the order will be re-evaluated 60 days after it takes effect. Extensions and expansions of the order are possible at or before that time.
Foreign nationals with pending applications for permanent residence and those with plans to file should be prepared for the possibility of delays, though the exact impact of the order will not been known until it is signed and made public.
Fragomen is closely monitoring the status of the executive order and will issue further updates as new information becomes available.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
