Enterline & Partners Consulting | info@enterlinepartners.com

Search
Close this search box.

Trump’s Immigration Ban May Result in More Employment-Based Immigrant Visas Being Issued

United States President Donald Trump’s Executive Order (“EO”) banning certain immigrants from immigrating may end up increasing the number of visas available for employment-based immigrant visa categories.

Employment-based immigrant visas are capped at 140,000 worldwide per fiscal year while family-based immigrant visas are limited to roughly 250,000 per year. The current immigration ban places a heavier emphasis on restricting family-based immigrants compared to employment-based immigrants. While a pause of only 60 days may do little to alter the make-up of immigration to the U.S., in the long-term, extensions which were allocated within the EO could end up redefining the overall composition of immigrants who receive immigrant visas and green cards if this policy remains in place for some time.

According to an analysis conducted by Migration Policy Institute, approximately 52,000 immigrant visas are expected to be affected because of the 60-day immigration ban. Government statistics show nearly half a million immigrants moved to the U.S. in 2019 who had received their immigrant visas from U.S. embassies and consulates abroad, while more than half a million immigrants obtained permanent residence by adjusting their status within the United States. According to the U.S. Department of Homeland Security (“DHS”), there were four times as many immigrants who received permanent residence through adjustment of status as opposed to those who received their permanent residence by applying for an immigrant visa at a U.S. embassy or consulate abroad.

The waiting period for immigrants seeking immigrant visas is based on the date when their petition was filed with the Department of Homeland Security.  The U.S. Department of State (“DOS”) releases these “priority dates” in its monthly visa bulletin. To use the total allocated family-based immigrant visas, DOS would need to find more immigrant visa applicants who are adjusting status from within the country to take away from intending immigrants abroad who are ineligible due to the immigration ban.  The DOS could do this by advancing those priority dates forward in time to allow those adjustment applicants to become eligible for permanent residence more quickly.

For more information on obtaining an employment-based immigrant visa for applicants located in Asia, contact us today at info@enterlinepartners.com and speak with one of our U.S. immigration lawyers in Ho Chi Minh City, Manila and Taipei.

 

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office
3F, IBC building
1A Cong Truong Me Linh Str.
District 1, HCMC, Vietnam
Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ
Website: http://enterlinepartners.com

Manila, Philippines Office
Unit 2507 Cityland 10 Tower 1
156 H.V. Dela Costa Street
Makati City, Philippines 1209
Tel: +632 5310 1491
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

CATEGORY
time
recent posts
CTA_Collection

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Supreme Court Hands the Trump Administration a Partial Victory in Ongoing Birthright Citizenship Litigation

The United States Supreme Court has given President Donald Trump’s Executive Order (“EO”) curbing birthright citizenship a partial victory. The ruling does not impact “Birthright Citizenship” but rather restricts district court judges from issuing nation-wide (or “universal”) injunctions against Executive Orders.  In a 6-3 decision, the Supreme Court held that lower federal court judges who issued nationwide injunctions against the EO went too far and granted the Trump Administration’s request to narrow the injunctions issued in Maryland, Washington and Massachusetts. While the Supreme Court’s ruling was a dramatic shift in how lower federal court judges have operated for years, the decision left enough room for challengers to the EO to prevent it from taking effect while litigation works its way through the federal court system. Specifically, the EO, which also suffered a setback by the Federal Court of Appeals will remain blocked for an additional thirty (30) days) allowing the

Read more >

When Do Sponsor Obligations End Under Form I-864?

For immigrants to the United States, the Form I-864, Affidavit of Support (“Form I-864”), is a critical part of the family-based immigration process. It is a legally enforceable contract in which a sponsor agrees to financially support the intended immigrant, helping ensure that the immigrant does not rely on certain U.S. government benefits after becoming a permanent resident. By signing Form I-864, the sponsor takes on long-term financial responsibility, but this obligation is not indefinite. The U.S. government outlines specific situations under which the sponsor’s duties come to an end. When Will These Obligations End?  A sponsors obligations under a Form I-864 end when the sponsored immigrant: A sponsor’s obligations under a Form I-864 also end if the sponsor dies. As such, the sponsor’s estate is not required to take responsibility for the sponsored immigrant following the sponsor’s death. Divorce does not terminate the responsibility, and if the sponsor dies,

Read more >

F, M and J Student Visa Interviews to Resume with Enhanced Social Media Vetting

The United States Department of State (“DOS”) has instructed Embassies and Consulates to begin accepting new F, M, and J student visa application appointments following a temporary suspension. The pause was initiated to allow DOS to implement policy changes regarding social media vetting. After the suspension, e F, M, and J student visa applicants are required to make their social media accounts public for vetting purposes. In a DOS announcement, DOS will use all information available for “visa screening and vetting to identify visa applicants who are inadmissible to the United States, including those who pose a threat to U.S. national security. Under this new guidance, we will conduct a comprehensive and thorough vetting, including online presence, of all student and exchange visitor applicants in the F, M, and J nonimmigrant classifications.” The new policy, following the Department of Homeland Security’s decision to begin screening anti-Semitic online activity posted by

Read more >
Vietnam
icons8-exercise-96 chat-active-icon