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UPDATE: Today, Monday June 22, 2020, President Trump signed a new executive order entitled, “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” extending the April 22nd Presidential Proclamation and adding new restrictions for nonimmigrant workers who “pose a risk of displacing and disadvantaging United States workers during the coronavirus recovery,” including H-1B, H-2B, J, and L nonimmigrant workers.

According to the executive order, the entry of these nonimmigrants “presents a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak.”


When does the order apply?


The order is effective at 12:01 am eastern daylight time on June 24, 2020 and will last through December 31, 2020, suspending the entry of certain immigrant and nonimmigrant aliens as outlined here. Within 30 days of June 24, 2020 (on July 24th), and every 60 days thereafter while the proclamation is in effect, the Secretary of Homeland Security will, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications to the order.


When does the order terminate?


The proclamation terminates on December 31, 2020 and can be continued by the government as necessary.


Will the April 22nd Proclamation Be Extended?


Yes, the second paragraph of the new executive order states, “In Proclamation 10014 of April 22, 2020, …I determined that …the United States faces a potentially protracted economic recovery with persistently high unemployment if labor supply outpaces labor demand.  Consequently, I suspended, for a period of 60 days, the entry of aliens as immigrants, subject to certain exceptions… Given that 60 days is an insufficient time period for the United States labor market …to rebalance… considerations present in Proclamation 10014 remain.” This means the April 22nd proclamation will continue until at least December 31st and all conditions subject to that proclamation will continue to remain in place.

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Last week our very own managing attorney Jacob Sapochnick, Esq., and associate attorney Yingfei Zhou, Esq. had the pleasure of attending the 2016 American Immigration Lawyers Association (AILA) Conference on Immigration Law in Las Vegas, Nevada. Together, they bring you the most up to date information on the new N-400 online filing system and new N-400 form, the new customer service tool EMMA—a computer-generated virtual assistant, information regarding delays in adjudication of H-1B extension/transfer applications and Employment Authorization applications, filing tips for H-1B extensions, updates on EB-1C Multinational Executive/Manager green cards, Employment Authorization eligibility for spouses of E-2 and L-1 visa holders, and updates on Administrative Appeals Office (AAO) Decisions.

New Naturalization Form and N-400 Online Filing System

  1. USCIS recently published a new N-400 form on 04/13/2016. Applicants may use the previous 09/13/2013 version until 08/09/2016. Any naturalization applications received on or after 08/10/2016 containing the old form with revision date 09/13/2013 will be rejected and returned to the sender.
  1. USCIS is currently testing a new N-400 online filing system. This system will be available to applicants without legal representation and will eventually become available to applicants represented by an immigration attorney.

New Customer Service Tools EMMA

  1. USCIS is introducing a new customer service tool called EMMA – a computer-generated virtual assistant who can answer your questions and even take you to the right spot on the USCIS website. EMMA is USCIS’ version of ‘Siri’ and is designed to help you navigate the USCIS website. EMMA is available in the Spanish language. So far, EMMA has managed to answer 80% of questions asked.

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