How will the new executive order affect EB-5? - EB5Investors.com

How will the new executive order affect EB-5?

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

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

The EB-5 was exempted in the original Executive Order and remains exempted in the new order.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

It will not have any impact because it specifically exempts EB-5.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

It does not affect EB-5 cases, only nonimmigrant visas. EB-5 is for permanent immigrant cases.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

It does not affect green card holders.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

The extended/expanded executive order does not affect I-526 processing.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

It 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

Michele Franchett

Immigration Attorneys
Answered on

The 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

Sally Amirghahari

Immigration Attorneys
Answered on

The 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

Daniel B Lundy

Immigration Attorneys
Answered on

EB-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

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

EB-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

Stephen Berman

Immigration Attorneys
Answered on

The proclamation refers to the April proclamation, which specifically excludes EB-5.

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