“This announcement has created a lot of confusion and anxiety amongst our people in the US as well as here in India,” said Paresh Karia, a Chartered Accountant specializing in Immigration.
Paresh Karia analyses the executive order and other announcements in this regard and throws light on them for navjeevanexpress.com readers.
The banned category
- A major category is those seeking green cards through an American family member —- a parent, child (above 21 years), or a sibling. The order temporarily bars green card holders from sponsoring a spouse or child for permanent residency.
- Individuals who have applied for green cards through other means, such as employment or the EB-1 “extraordinary ability” category.
The exempted category
- Firstly, to the great relief of many EB-5 investors, this category of immigrant visa has been specifically exempted from the ban. This is because EB -5 visa requires you to invest a minimum of US$900,000 and create at least 10 jobs, something which the US, especially Donald Trump needs desperately in the current situation, in an election year.
- Spouses and children under 21 of American citizens can still get green cards.
- Medical professionals, defined as “a physician, nurse, or other healthcare professionals” working to combat COVID-19, are exempt and may bring their spouses and unmarried kids under 21.
No ban on business visas
The ban does not apply to business visas like E-2, L-1, etc. which allow entry into the US for setting up a business. Many people would be looking at this type of visas to explore business opportunities in the US which in the wake of current economic crises will throw up a lot of bargains.
What about people already in the US?
This ban will not apply to any of the existing visa holders – Immigrant as well as non-immigrant – EB-5, E2, L1, H1-B, F1, etc. People with valid existing visas can continue to live, work, study, and do business as usual.
How long will the ban last?
The order will be effective from April 23, 2020, and terminates after 60 days. 10 days before the expiry of this period, the administration will recommend the president whether he should continue or alter it.
However, considering that the US administration is in lockdown and case not processing any immigration applications or documents, it means that this order will have little or no effect in real terms.
(The Author is a Chartered Accountant specializing in Immigration)
