Trump’s immigration proclamation has some key exemptions
When President Donald Trump tweeted on April 20 that he would suspend all immigration into the United States to protect American workers, his proclamation two days later carved out important exemptions. They are benefiting many South Florida healthcare organizations, businesses and foreign investors.
In practical terms, the proclamation pausing immigration for 60 days affects only applicants abroad seeking a green card based on a job offer from a U.S. employer or a family relation with a non-immediate family member. Given that U.S. consulates stopped processing new cases or scheduling interviews in March, those applications were already paused.
Exemptions that benefit South Florida business owners further mitigate the proclamation’s impact. They are granted to EB-5 immigrant investors, medical professionals and nonimmigrant applicants for E-Investor, F-Student, B-Tourist and other visas. These exemptions recognize the pivotal role that immigrants and visitors play in the U.S. economy.
Many foreign investors support South Florida’s economy through EB-5 real estate projects and E-2 businesses. The foreign-owned ones provide employment for an estimated 400,000 U.S. workers in Florida alone. Their business owners can apply for a visa allowing them to reside and work in the United States for an extended period of time, provided other requirements are met.
Healthcare professionals benefit, too. The U.S. Dept. of Labor has determined that there is a chronic shortage of able, willing, and qualified U.S. workers in certain occupations. Most are within the medical field, such as nurses and physical therapists. The declaration enabled hospitals and similar facilities to recruit foreign individuals for healthcare-related positions using an expedited immigration process.
More important, the U.S. Citizenship and Immigration Services announced on April 8 a new emergency procedure on visas for medical professionals. The update states that “despite the worldwide suspension of routine visa services, U.S. embassies and consulates will continue to provide emergency and mission critical visa service.” Any hospital or healthcare facility in need of a foreign medical professional worker can obtain an emergency visa appointment, similar to a priority pass.
Having access to priority passes helps the healthcare industry. Nationally, immigrants account for 30% of its workforce. One in four medical researchers is an immigrant producing vaccines and pharmaceuticals. Those percentages could be higher in South Florida, where the healthcare-education sector is the second-largest employer.
Now, other medical professionals, physicians, and nurses can apply for a green card or a visa “to perform medical research or other research intended to combat the spread of COVID-19” or “to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak.”
South Florida’s restaurants, hotels, bars and clubs are also benefiting from the countless tourists stuck in the U.S. under Electronic System for Travel Authorization or B-category visas. These foreigners cannot return to their home countries due to the COVID-19 pandemic. They need to keep their visas current as the consequences of violating non-immigrant requirements can be harsh, such as future denial of reentry.
The USCIS and Dept. of Homeland security have recognized the challenges created by the COVID-19 pandemic. They have provided instructions on requests for extensions of visas and periods of authorized stay for tourists.
More visa restrictions can be written. The proclamation directs the agencies to make recommendations regarding possible limitations within 30 days, leaving the door open to review measures to protect the U.S. labor market.
Business owners and visa applicants seeking green cards or visas should consult with legal counsel and file immediately before further restrictions are implemented. And foreign nationals should consult with their attorneys before commencing any international travel.
Sonia Oliveri is a partner at Kelley Kronenberg in Miami, leading the business immigration department. She can be reached by texting 954-673-9529.
This story was originally published May 15, 2020 at 6:00 AM.