How will Trump”s new executive order that bars green card holders, H and L visas affect the adjudication of I-526s and other processes of EB-5? There was an announcement on Monday, June 22 whereby the administration is signing an order to stop nonimmigrant visa holders from entering the U.S. How will this impact EB-5?
Answers
A Olusanjo Omoniyi
Immigration attorneysThe EB-5 was exempted in the original Executive Order and remains exempted in the new order.
Bernard P Wolfsdorf
Immigration attorneysIt will not have any impact because it specifically exempts EB-5.
Dale Schwartz
Immigration attorneysIt does not affect EB-5 cases, only nonimmigrant visas. EB-5 is for permanent immigrant cases.
Fredrick W Voigtmann
Immigration attorneysThe extended/expanded executive order does not affect I-526 processing.
Salvatore Picataggio
Immigration attorneysIt will not. EB-5 has been an exception to both the recent immigration orders. And it only affects entry into the U.S. anyway, so I-526 petitions could still be filed.
Michele Franchett
Immigration attorneysThe June 22 proclamation applies to EB-5 only insofar as it extends Proclamation 10014 (issued April 22, 2020) through December 31, 2020. Proclamation 10014 does not apply to EB-5 immigrants.
Sally Amirghahari
Immigration attorneysThe new proclamation will not impact EB-5 visa holders or new investors who are entering to the U.S. for the first time since the EB-5 visa is an exemption to the President''s new Proclamation.
Daniel B Lundy
Immigration attorneysEB-5 is not affected. EB-5 is not a non-immigrant visa, and was specifically exempted from the April Proclamation regarding immigrant visas (which has now been extended to December 31, 2020).
Belma Demirovic Chinchoy
Immigration attorneysEB-5 visas are not impacted. EB-5 visa is an IMMIGRANT visa (i.e., permanent residence visa) and thus it is outside the scope of the June 22 Executive Order (EO), which specifically addressed non-immigrant (temporary) visas. A suspension of issuance of immigrant visas was addressed in the April 22 EO, which has now been extended through Dec. 31, 2020. The April 22 EO expressly excluded EB-5 visas from the ban on visa issuances.
Stephen Berman
Immigration attorneysThe proclamation refers to the April proclamation, which specifically excludes EB-5.
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