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
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.
Blog post
Media mentions
Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.
Blog post
Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.
Media mentions
Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.
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.
Blog post
Media mentions
Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.
Blog post
Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.
Media mentions
Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.
