May 5, 2020

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/

Categories: DHS, DOS, EO, Executive Order, Immigrant Visa, Lawful Permanent Resident, LPR, Trump, U.S. Department of Homeland Security, U.S. Department of State, U.S. Embassy & Consulate, U.S. Visa, Visa

USCIS To Implements the 2025 Naturalization Civics Test

EB-5 Visa Processing Time: How Long Do I Have to Wait for Approval?

EB-5 Petition and Application Fees Reduced by Court Order

U.S. Immigration Consultation 2025 | Process, Costs & Popular Visa Types

our services

contact us today for more information

Latest News

What is a Priority Date in U.S. Immigration? A Complete Guide to the Priority Date in U.S. Immigration

The priority date in U.S. immigration is a critical concept for anyone waiting for lawful permanent residency status (“Green Card”). Because Congress sets strict annual limits on the number of immigrant visas issued in most categories, demand often outstrips supply, creating significant backlogs. Your priority date effectively acts as your “place in line” in this complex government queue. This priority date is established when the United States Citizenship and Immigration Services (“USCIS”) receives your initial petition, either the Form I-130 (for family-sponsored cases) or the Form I-140 or Labor Certification (for employment-based cases) or Form I-526/I-526E (for investor cases). Think of it as the timestamp on your ticket; until your number is called based on this date, you cannot move forward to the final stage of the immigration process. Understanding how the USCIS priority date works is vital for managing your expectations, planning your life during the wait, and knowing

USCIS To Implements the 2025 Naturalization Civics Test

The U.S. Citizenship and Immigration Services (“USCIS”) has announced an update to its Policy Manual that re-introduces a modified version of the 2020 Civics Test—now called the 2025 Naturalization Civics Test. The update, once adopted, will apply to applications for naturalization (Form N-400 Application for Naturalization) filed on or after October 20, 2025, and aims to reinforce the importance of civic knowledge, assimilation into the U.S. society, an understanding of the Constitution, laws, and founding principles of the United States. Why This Change Matters Naturalization is the process by which lawful permanent residents become U.S. citizens—gaining full rights and responsibilities in American society. Under Section 312 of the Immigration and Nationality Act (“INA”), most applicants must demonstrate both proficiency in the English language and knowledge of U.S. civics and government. The USCIS notes that strengthening these requirements is part of its broader goal to ensure that new citizens are well-prepared

EB-5 Visa Processing Time: How Long Do I Have to Wait for Approval?

If you are applying for the EB-5 Immigrant Investor Visa, one of the first questions you’ll ask is: “What is the EB-5 visa processing time?” The truth is, EB-5 processing times vary greatly depending on many factors, such as your nationality, the project you invest in, how the United States Citizenship and Immigration Services (“USCIS”) handles the Form I-526/I-526E Petition (“Petition”), and timing regarding the approval of Petitions, and timing regarding visa availability. On average, it can take 12 to 30 months for many Petitions to be approved, but the official USCIS posted times may show 2–4 years or longer. EB-5 Visa Process Overview There is a 3-step process to obtaining lawful permanent residence in the U.S. via the EB-5 immigrant investor visa category. First, an investor files a Form I-526 or Form I-526E Petition with the United States Citizenship and Immigration Service. Once the Petition is approved, an investor

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

CATEGORY

contact us today for more information

Latest News