1. 1What exactly is the immigration application suspension about, and which countries are affected?

The Trump administration has announced a suspension on accepting new immigration benefit applications from nationals of 19 countries, primarily citing national security concerns. This suspension affects all immigrant visa petitions filed with USCIS and consular offices for these countries, meaning no new L-1, EB-1C, EB-5, or other immigrant petitions can be accepted from these nationals until further notice. We advise clients to immediately check the DHS website for the official list, as this directly impacts corporate executives and investors from these countries seeking to establish or expand US operations.

  1. 1How does this suspension impact L-1 and EB-1C petitions for China-based corporate executives?
Attorney Insight
From our practice, L-1 and EB-1C petitions for Chinese nationals are generally unaffected as China is not on the suspended list. However, we have seen clients with dual nationality or substantial ties to the affected countries face challenges. For multinational executives, it is crucial to verify country of nationality on the application forms (I-129 for L-1, I-140 for EB-1C) per 8 CFR §214.2(l)(1)(ii) and §204.5(j). We recommend clients review their passport and travel history carefully and prepare supplemental evidence to address any potential security-related queries proactively.
  1. 1What should EB-5 investors from the suspended countries do now?

EB-5 investors from the affected nations face a suspension in filing new I-526 petitions, which can delay their green card process significantly. According to INA §203(b)(5), EB-5 is a preference category with statutory visa caps, so any delay affects visa availability and timing. We suggest investors freeze capital deployment and maintain detailed source-of-funds documentation, as USCIS is likely to increase scrutiny when filings resume. Additionally, consider exploring alternative investment vehicles such as E-2 visas if eligible, which are not impacted by this suspension.

  1. 1What immediate actions can affected applicants take to minimize delays?

First, confirm your country’s status on the official DHS and USCIS websites. Second, clients should postpone filing new immigrant petitions from the suspended countries until official guidance confirms resumption, avoiding wasted filing fees (e.g., $700 for I-129, $700 for I-526)[2]. Third, for L-1 and EB-1C applicants not directly affected, ensure all forms correctly reflect nationality and maintain up-to-date evidence of employer-employee relationships to withstand possible enhanced scrutiny under 8 CFR §214.2(l). Finally, communicate early and clearly with US employers and immigration counsel to adjust timelines and explore alternative visa options such as O-1 or H-1B where applicable.

Attorney Insight
From our experience, one client who holds dual citizenship with a suspended country and China initially filed L-1B but faced an RFE requiring detailed security clearance. By promptly supplementing evidence of Chinese nationality and company operations, we helped avoid denial and secured approval within 90 days. This case underscores the importance of preemptive documentation and strategic planning.
Attorney Insight
In summary, while the suspension creates a temporary hurdle for nationals of 19 countries, it does not affect all Chinese corporate executives or investors. We recommend verifying nationality status, postponing new filings if affected, and preparing robust documentation for future submissions. This approach will help you maintain momentum in your US immigration plans despite current restrictions.