Presidential Executive Order Ends Preferential Visa Policies for Hong Kong
July 16, 2020 (updated)
At a Glance
- Under an executive order recently signed by President Trump, foreign nationals born in Hong Kong could be treated the same as those born in the People’s Republic of China for purposes of green-card quotas, which would subject them to lengthy backlogs in most employment-based immigrant visa categories.
- The order could also mean that Hong Kong passport-holders will see shorter validity periods for new H-1B, L, and O visas and additional formalities for B-1/B-2 visas.
The issue
An executive order signed Tuesday by President Trump seeks to eliminate preferential visa treatment for foreign nationals born in Hong Kong as well as those who hold Hong Kong SAR passports. Affected individuals would be treated as nationals of the People’s Republic of China (PRC) with respect to immigrant visa quotas and nonimmigrant visa validity.
The executive order was issued in response to the PRC’s recent moves to establish greater control over Hong Kong.
What this means for employers and foreign nationals
The end of separate visa validity and chargeability policies for Hong Kong would mean that affected foreign nationals would face longer waiting periods for U.S. permanent residence. It would also reduce travel flexibility for affected H, L and O nonimmigrants because they would be required to renew their U.S. visas more frequently than in the past in order to reenter the United States.
The U.S. Departments of State and Homeland Security are expected to issue guidance on implementation of the executive order in the coming weeks. Fragomen will issue updates as more information becomes available on the impact of the order.
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
Fragomen news
Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.
Media mentions
Europe Managing Partner George Koureas highlights the growing role of immigration in shaping global business and managing strategic risks.
Blog post
Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.
Blog post
Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.
Media mentions
Senior Manager Géraldine Renaudière highlights how evolving policies and growing talent visa programs are shaping France’s immigration landscape.
Video
Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.
Awards
Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazine’s 2025 Top 25 Global Migration Attorneys list.
Media mentions
Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.
Blog post
Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.
Media mentions
Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.
Fragomen news
Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.
Media mentions
Europe Managing Partner George Koureas highlights the growing role of immigration in shaping global business and managing strategic risks.
Blog post
Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.
Blog post
Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.
Media mentions
Senior Manager Géraldine Renaudière highlights how evolving policies and growing talent visa programs are shaping France’s immigration landscape.
Video
Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.
Awards
Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazine’s 2025 Top 25 Global Migration Attorneys list.
Media mentions
Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.
Blog post
Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.
Media mentions
Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.