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.
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