President Trump's Announcement on Suspending Immigration to the United States

UPDATE APRIL 23, 2020: President Trump signed a proclamation on suspending entry of immigrants to the US for 60 days.

President Trump announced late Monday night in a tweet that he plans to temporarily “suspend immigration” to the United States, a move he said is needed to protect American jobs and prevent the further spread of coronavirus (COVID-19), which he called “the Invisible Enemy.” White House officials reported that they are drafting an executive order that Trump could sign as early as today. At this time, it is unclear what exactly such an executive order would accomplish. Last month, the State Department canceled most routine immigrant and nonimmigrant visa appointments at US Embassies/Consulates abroad, effectively shutting down nearly all kinds of new travel to the US for nonimmigrants and immigrants. The US has also already enacted restrictions on international travel from Europe, China, and other countries affected by COVID-19, and has placed strict controls at the country’s land borders.

The State Department also stopped all processing for refugee resettlement, while citizenship ceremonies have been suspended as well as in-person services by US Citizenship & Immigration Services (USCIS). It is unclear if the order will simply extend these policies already in effect or if it will go further to suspend Green Card and visa petitions filed by employers.  Once the order is issued, we would expect to have a clearer idea of what to expect. We will publish additional updates on the executive order as soon as we receive them.   

UPDATE APRIL 22, 2020:  Yesterday, President Trump provided some additional details about his proposed immigration ban. He indicated that foreign nationals would not be able to file immigrant visa applications for sixty days. Those with nonimmigrant visas (like O-1, H-1B, TN, E-3, P-1, J-1, F-1, etc.) would not be affected by the restrictions. Since the president has not signed the final order yet, some of this may change but we will continue to update this page as we receive guidance and information.

US Embassy/Consulate Visa Appointment Cancellations (UPDATED JULY 20, 2020)

UPDATE JULY 20, 2020: US Embassies/Consulates around the world will begin the phased resumption of some routine visa services, with some resuming services as of July 15, 2020.

Many US Embassies and Consulates around the world have canceled routine nonimmigrant and immigrant visa appointments in response to the spread of coronavirus (COVID-19). In this post, we have included cancellation information for select US Embassies and Consulates. The US State Department also has a dedicated page with links to each nation’s US embassy that provides specific information regarding COVID-19 including information regarding health services, recommendations, and, if applicable, notification of the reduction or suspension of visa services. While not every embassy page is updated, many have useful and relevant information for travelers. Additionally, The Gate, a blog focusing on travel, has provided a full list of countries and territories that have travel restrictions as a result of COVID-19. 

Argentina 
Effective March 16, the US Embassy in Buenos Aires has cancelled routine nonimmigrant visa appointments. They will resume routine visa services as soon as possible. The MRV fee is valid and may be used for a visa application in the country where it was purchased within one year of the date of payment. Travelers who have an urgent matter and need to travel immediately should follow the guidance provided under the “Expedited Appointments” tab on the embassy webpage page to request an emergency appointment.

Canada
Effective March 17, 2020, the US Embassy and all Consulates General in Canada have cancelled all routine nonimmigrant visa appointments. They do not know when they will resume appointments.  Travelers who have an urgent matter and need to travel immediately should follow guidance provided at https://ais.usvisa-info.com/en-ca/niv to request an emergency appointment. The Consulate General in Montreal at this time continues to process immigrant visas but depending on staffing capacity and host government restrictions, they may reduce routine immigrant visa appointments, and will notify applicants if necessary to reschedule.

Chile
Nonnimigrant visa processing is suspended effective March 16 through March 31, 2020. Those who have an urgent need to travel immediately should follow guidance provided at https://ais.usvisa-info.com/en-cl/niv/information/faqs#need_earlier_appt to request an emergency appointment.

France
Effective March 16, 2020, the United States Embassy in Paris, France is cancelling routine immigrant and nonimmigrant visa appointments. The embassy will resume these routine visa services as soon as possible but they are unable to provide a specific date at this time. Note that the MRV fee is valid and may be used for a visa application in the country where it was purchased within one year of the date of payment. Applicants who need to travel immediately because of an urgent matter should follow instructions here, or contact fae_contactus+fr+mrv+en@visaops.net or call +33 1 82 88 29 57 (if in France) or +1 703 543 9342 (if in the US), to request an emergency appointment.

Mexico
US Embassy and Consulates in Mexico have indefinitely suspended all nonimmigrant visa and immigrant visa appointments. Biometric appointments will be cancelled via email. Nonimmigrant visa applications will be accepted on a limited basis for emergency travel only and applicants should make the request for an emergency appointment at https://ais.usvisa-info.com/en-MX/niv. For case-specific inquiries for nonimmigrant visas, please contact the Embassy at mx.usembassy.gov/es/visas-es/contactenos-form. For immigrant visa inquiries, applicants can find instructions on how to contact staff at ais.usvisa-info.com/es-mx/iv/information/contact_us.

The Netherlands 
The US Consulate Amsterdam will limit consular services as of March 17th, in response to the Dutch Government’s March 15 decree establishing country-wide school and cultural closures to prevent the spread of COVID-19. Consequently, all scheduled regular appointments are cancelled until further notice. Emergency visa processing will continue. For updates on COVID-19 please consult the embassy website and https://www.rivm.nl/en.

United Kingdom
The US Embassy in London is cancelling all nonimmigrant and immigrant visa appointments effective March 17, 2020. The MRV fee is valid and may be used for a visa application in the country where it was purchased within one year of the date of payment. At this time there is no indication when appointments will resume. Applicants who recently had appointments at the Embassy have reported that the consular officer told them the Embassy is not printing visas at this time due to the coronavirus (COVID-19) pandemic.

Switzerland
Effective March 16, 2020, US Embassy Bern has suspended routine consular services. The embassy will also be closed on March 17 and resume limited operations on March 18.  Emergency American Citizens Services, including emergency passport issuance, continue to be available. Please visit the embassy website for additional information or to schedule an appointment. The US Consular Agencies in Geneva and Zurich will remain closed effective immediately until further notice.

 We will post additional updates as we receive them.

Reveal: “Trump administration’s denials of H-1B visas are being overturned at record rate”

After President Trump issued the Buy American and Hire American executive order, where he promised reforms for the H-1B program, US citizenship & Immigration Services (USCIS) began issuing a record number of H-1B petition denials, despite no changes to US immigration law. The denial rate for first-time H-1B petitions increased from ten percent in 2016 to twenty-four percent in 2019. Figures show that a record number of those H-1B denials have been overturned on appeal, which suggests that USCIS officers may have wrongly rejected some H-1B petitions. “Previously, deniable cases were being denied and approvable cases were being approved,” William Stock of Klasko Immigration Law Partners said. “What we are seeing now is that approvable cases are being denied, so what the [appeals office] is saying is, ‘This is an approvable case, it shouldn’t have been denied.’” 

Between the 2014 and 2017 fiscal years, the Administrative Appeals Office reversed about three percent of the H-1B decisions it reviewed. In 2018, however, it overruled USCIS in nearly fifteen percent of H-1B appeals and remanded more than seven percent of decisions, sending them back to be re-evaluated (compared with four percent in the previous four years). A federal immigration agency spokesperson noted that only one percent of all H-1B denials are appealed and that the figures are consistent “with a series of agency reforms designed to protect U.S. workers, cut down on frivolous petitions, strengthen the transparency of employment-based visa programs, and improve the integrity of the immigration petition process.” Steven Yale-Loehr, a professor of immigration at Cornell University, says it’s not clear if the figures show a one-year flip or actual trend. He said: “It remains to be seen whether that continues or whether the [appeals office] also starts to toe the administration line and goes back up to the 90 percent level of agreeing with the initial denials.”

So You Wanna Work in America?

The Topic, a new entertainment and storytelling studio from First Look Media, has a quiz that might be helpful and informative for those looking to work in the US or at the very least want to learn more about the requirements and what might disqualify applicants. The flow chart begins with some “light questions first” including “Have you ever been convicted for using drugs?” and “Have you ever been caught visiting a prostitute?” and, referencing Trump’s travel ban, also asks, “Hey, you’re not from Iran, Yemen, or Syria, are you?” The quiz goes on to discuss eligibility for various work visas and Green Cards including the O-1, H-1B, L-1, and seasonal employment. Go on, see how far you get.