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Philip Levin & Associates

Immigration Law

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  • Practice Areas
    • Hearings & Appeals
    • Deportation, Removal & Asylum
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  • Attorneys
    • Philip M. Levin, Managing Partner
    • Don L. Pangilinan, Associate
    • Alec P. Wilczynski, Of Counsel
    • Ana Gandara, Of Counsel
    • Cara Cox, Associate
    • Rachel Goodman, Associate
  • Blog
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April 22, 2020 Presidential Proclamation Suspending Entry of Immigrants to the United States of America

Late in the evening of April 22, 2020, President Trump issued a Proclamation suspending the entry of foreign nationals seeking to come to the U.S. as immigrants for a period of 60 days. The President’s stated rationale was to protect U.S. workers from foreign competition in employment in light of the COVID-19 pandemic and the resulting worldwide economic disruption that has followed. Considering most visa services at U.S. Embassies abroad have already been suspended due to the pandemic, this Proclamation has a marginal impact. While a temporary suspension of immigrant visa admissions will have consequences for upwards of 50,000 foreign nationals, the long-term practical benefits of this Proclamation to the U.S. economy are certainly debatable.

What We Know About This Proclamation:

  • The immediate impact will be upon those outside the United States who seek to enter but do not currently have a valid immigrant visa, including:
    • Parents, siblings and adult children of U.S. citizens and the spouses and all children of lawful permanent residents;
    • PDiversity visa (“lottery”) applicants; and
    • PEmployment-based green card applicants pursuing consular processing of their immigrant visas abroad.
  • Foreign nationals presently in the United States are not impacted, but future international travel may be precluded if they do not already possess the necessary reentry documentation to return to the United States (eg: Form I-551 “green card,” nonimmigrant visa valid through the date of return, advance parole, etc);
  • There are significant exceptions to this Proclamation, which exempt the following:
    • Lawful permanent residents (“LPR”);
    • Spouses and minor children (unmarried, and less than 21 years old) of U.S. citizens, and prospective adoptees;
    • Healthcare professionals and researchers working to fight COVID-19;
    • EB-5 investors;
    • Members of the U.S. armed forces and their spouses/children; and
    • Certain “special immigrants,” those whose entry is in the “national interest” of the United States, or admissions that further U.S. law enforcement objectives.
  • Decisions regarding applicability of the above exceptions will be made by individual consular officers;
  • The Proclamation may be extended “as necessary,” and may be expanded to include nonimmigrant visa programs after review by the U.S. Secretary of Labor, U.S. Secretary of State, and Department of Homeland Security within thirty (30) days after implementation, and as deemed “appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers”;
  • Asylum seekers are not included in this suspension; and
  • Employment and family-based immigrant, nonimmigrant, as well as adjustment of status processing with USCIS will not be impacted.

What We Advise:

  • Clients, employers and their employees, as well as derivative family members, should prepare for significant delays and the possibility of precluded international travel as a result of this Proclamation and other travel restrictions imposed by this Administration; and
  • Continued vigilance in monitoring travel conditions with our assistance—please reach out by email or phone prior to any anticipated international travel. We are here to assist and will inform our clients of additional travel restrictions as they become known.

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R-1
TN

The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to enter the U.S. and engage in professional business activities. PL&A will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. 

B-1

PL&A will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences.

O-1

O-1 visas are for persons of extraordinary ability in the sciences, arts, education, business or sports. 

J-1

Administered by the Department of State, the J-1 visa is for students, trainees, academics, researchers, professionals or experts participating in an approved Exchange Visitor program. PL&A will assist you and your sponsor with preparing the necessary paperwork and the consular process so you can begin your program at ease. 

E-1 & E-2

E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). If you are a nonimmigrant trader or investor seeking to conduct business operations or develop a new enterprise in the U.S., we will help you file for the appropriate visa. As a recognized expert in this area, Mr. Levin will provide experienced and dependable assistance with E-1 or E-2 visa applications. 

  • E-1: If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. 
  • E-2: The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. 
L-1

The L-1 visa category is for executives, managers or professionals employed by foreign affiliates of U.S companies. The L-1 visa is divided into two classifications:

  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
H-1B

Many companies in the United States find themselves increasingly dependent on the talent, experience and energy of foreign national workers in professional, technical or specialized occupational fields. These employees typically enter the U.S. on nonimmigrant H-1B visas for “specialty occupations.” 

With extensive experience in business immigration, you can count on PL&A to guide your company or Human Resources department in preparing and filing an H-1B visa petition.

Green Card

Family preservation and reunification is a priority for our firm. Our attorneys have advised and assisted families from all over the world with entry visas, adjustment of status, and other immigration problems. 

  • Immediate Relatives: If you are the spouse, child, or parent of a U.S. citizen, we can help you obtain a green card through an Immediate Relative petition. 
  • Family-Based Preference: If your relative is a U.S. citizen or lawful permanent resident, we can assist you with your green card application through one of the family based preference categories.
Fiances

If you are a U.S. citizen and your fiancé/fiancée or spouse is overseas, our office will assist you to navigate the CIS requirements and regulations to have the case approved and then prepare you and your spouse for the interview at the U.S. Embassy. PL&A will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.

Marriage

Immigration through marriage is a common means of obtaining permanent residence in the U.S.  Since 1991, Philip Levin & Associates has helped hundreds of couples immigrate to the U.S. and build their lives together. 

  • I-130 Petition and Adjustment of Status: If you are married to a U.S. citizen, present in the U.S. and eligible to do so, our attorneys will assist you in preparing and filing the necessary I-130 petition and I-485 adjustment of status application in the U.S.
  • Immigrant Visa Consular Processing: If you are married to a U.S. citizen and reside abroad, we will assist you in preparing and filing the IV petition with an Embassy or Consulate-General in your native country. 
  • I-751, Remove Conditions on Residence: If you have been married less than two years at the time your green card was initially approved, our office will help you in the joint petition process to become a permanent resident.