Biden Administration Lifts Immigrant Visa Ban

The White House announced today, February 24, 2021, that the ban on the issuance of certain Immigrant Visas has been rescinded by President Biden. The ban, which prevented the issuance of certain employment-based, family-based, and Diversity Lottery immigrant visas was put in place on April 23, 2020 by the prior administration and subsequently extended. In lifting the restrictions, President Biden indicated that the ban "does not advance the interests of the United States" citing the harmful impact in individuals, businesses, and families, and to the United States as a whole.

Other visa bans put in place by the prior administration remain in effect, including a ban on certain employment-based nonimmigrant visas, and it remains to be seen whether President Biden will rescind those through a separate Presidential Proclamation.

Immigration Impact of Executive Order on Hong Kong Normalization

President Trump has issued an Executive Order on Hong Kong Normalization, which has several immigration consequences for foreign nationals born in Hong Kong. The most significant impact is on green card wait times. Since the enactment of the United States-Hong Kong Policy Act of 1992, the United States government has treated Hong Kong as a separate country from China for immigration purposes. This was especially beneficial in the green card context since wait times for individuals born in mainland China to receive a green card can often be 4-10 years, if not longer. Because Hong Kong was not considered part of mainland China, it got to benefit from much shorter, if any, wait times applicable to individuals generally classified under “All Chargeability Areas Except Those Listed”.

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