Judge Halts June Executive Order Providing Relief for Named Parties to Law Suit
On October 1, 2020, a California federal judge issued a ruling overturning the June 24, 2020 Executive Order blocking the issuance of new nonimmigrant employment visas. The judge ruled that President Donald Trump likely overstepped his authority when he issued the Executive Order under coronavirus-related restrictions. This is great news for foreign workers who work for U.S. employers in H-1B, L-1 and J-1 status. It relieves one obstacle to their ability to leave the U.S. and travel overseas.
To Downgrade or Not to Downgrade – That is the Question
On September 24, 2020, the Department of State released the October 2020 Visa Bulletin advancing EB-3 Indian priority dates significantly. The dates that govern the ability to file adjustment of status (“green card”) applications for thousands of foreign workers advanced 5 years. This opens the door for many long languishing cases to be filed. Given the fact that all U.S. Embassies and Consulates are not currently open to the public for visa interviews, it is difficult to imagine that this proclamation has any real immediate effect. Anyone who could get an immigrant visa has already gotten an immigrant visa. Therefore, this proclamation essentially extends the status quo for at least 60 days.
Much Ado About Nothing – Trump’s Latest Travel Ban Extends Status Quo 60 Days
On April 22, 2020, President Trump signed a proclamation refusing entry to foreign nationals seeking to enter the U.S. as immigrants after 11:59 p.m. Eastern Time on April 23, 2020. The ban lasts for an initial period of 60 days. Given the fact that all U.S. Embassies and Consulates are not currently open to the public for visa interviews, it is difficult to imagine that this proclamation has any real immediate effect. Anyone who could get an immigrant visa has already gotten an immigrant visa. Therefore, this proclamation essentially extends the status quo for at least 60 days.