This is a letter I sent to clients regarding the impact of President Trump’s June 22 Proclamation on Immigration. It has been slightly modified to protect my client’s identity.
Last night, President Trump issued a “Proclamation” that suspends issuance of L-1 visas by U.S. Consulates abroad until after December 31, 2020. This was ostensibly done to “protect” American workers from foreign nationals who might take American jobs away if they are allowed to enter the United States during the pandemic. We know this reasoning is twisted logic, especially in your case where you have already created jobs for Americans with your U.S based company…and will be expanding opportunities much further for Americans when your L-1 visa is issued.
Our office is close to putting the finishing touches on your L-1 petition. Whether we can file the petition with USCIS when ready, get it approved, and wait for the moratorium to be lifted after December 31, or whether we have to wait and file the petition with USCIS after that date remains an unanswered question. Rest assured our firm is following this political issue very closely, and we will keep you advised as the situation evolves.
While we await further guidance from the Government on filing petitions for L-1 workers, please follow previous instructions so we can finalize the petition for filing with USCIS as soon as practicable. To reiterate, the Proclamation forbids U.S. Consulates abroad from issuing L-1 visas, however, it is silent on the issue of filing the L-1 petition with USCIS.
Thank you for your patience and cooperation during this difficult time.
The point here is that this foreign national is qualified for an L-1A managerial visa to open a business in the USA. He has been employed abroad for one year by his company, and now seeks to transfer himself to the USA to manage and direct his US company’s operations, a subsidiary of the business abroad, which already has 4 employees. His business plan calls for rapid expansion, following his success with his foreign company. The law has been on the books for nearly 50 years. This law is good for all Americans. This is good for America. It creates jobs, tax revenues and so much more. Yet President Trump says “no more L visas because it takes away opportunities from US citizens”. How do you figure that?