What’s new in global immigration?
This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from the United States, Canada and Hong Kong.
United States: President proclaims travel ban affecting 19 nationalities
On 4 June 2025, the administration announced a travel ban, effective 9 June 2025 barring nationals of 12 countries from entering the United States and partially restricting the entry of seven other nationalities.
The twelve countries whose nationals are placed under a full entry ban are Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen.
Nationals of Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela are banned from obtaining B1/B2, F, M and J visas.
There are a few exceptions, including those who already hold valid visas, lawful permanent residents, immediate relatives of US citizens, dual nationals travelling under a passport issued by a non-restricted country, those travelling for certain upcoming major sporting events, holders of Afghan Special Immigrant Visas.
Ban on entry for new foreign students at Harvard
On 4 June 2025, the administration announced the suspension of F, M and J visa issuance and entry for any foreign national seeking to study at Harvard University. This suspension of entry is effective immediately and for at least six months.
The proclamation also directs the Secretary of State to consider whether foreign nationals currently studying at Harvard under an F, M or J visa should have their visas revoked. The Secretary of State, the Attorney General, and the Secretary of Homeland Security must also consider imposing limitations on Harvard University’s ability to participate in the Student Exchange Visitor Program (SEVP).
State Department pauses student visa interviews
According to media reports, a State Department cable dated 27 May 2025, which has not been released publicly, instructs US embassies and consulates to pause the scheduling of all new interviews for student or exchange visitor (F, M and J) visa applications, in preparation for an expansion of required social media screening and vetting.
No official details of the pause or the new social media vetting have been published.
Foreign nationals holding F, M or J status are advised to avoid travelling out of the United States without considering the possible immigration consequences.
Canada: Updated rules for maintained status
On 28 May 2025, Immigration, Refugees and Citizenship Canada (IRCC) published updated instructions for its staff on maintained status during processing. The new guidelines tighten the rules for maintained status for temporary residents.
Background information
A temporary resident may apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made. Such a person is considered to have legal status as a temporary resident during the processing period only as long as the person remains in Canada. This is referred to as maintained status.
A holder of a work or study permit can continue to work until a decision is made on their extension of stay application.
If an extension application is submitted before the original expiry date but is rejected as incomplete, the application is to be returned to the applicant, it is as if the application was never submitted, and they do not benefit from maintained status.
The applicant can submit a subsequent extension application if their circumstances change during processing of the initial extension application.
The new guidelines update the rules for when an extension application is refused:
- If the applicant has submitted a subsequent extension application before the expiry of their original status, the applicant maintains their status during the processing period of the subsequent application.
- If the applicant submits a subsequent extension application after the expiry of their original status, they don’t have maintained status during the processing period of the subsequent application, and this subsequent application will be refused. The applicant can apply for restoration of status.
Prior to the rule change, in the second situation above, the applicant would have been granted maintained status, but not work or study rights, during the processing of the subsequent extension application.
In the updated instructions, references to port-of-entry applications by applicants with maintained status have been removed, following the recent ban on “flagpoling” (temporary residents leaving Canada and immediately re-entering to access immigration services at a port of entry).
Hong Kong: Arrangements for admission of professionals of specified skilled trades announced
On 30 May 2025, the government announced the introduction of a new stream under the General Employment Policy (GEP) and the Admission Scheme for Mainland Talents and Professionals (ASMTP) to allow individuals to apply for entry into Hong Kong to join eight skilled trades facing acute manpower shortage.
Applicants for the Technical Professionals Stream are required to be non-degree professionals meeting the relevant qualifications as specified in the Technical Professional List and aged between 18 and 40.
The new arrangement, effective 30 June 2025, will be piloted for three years with an overall quota of 10,000, and the quota for each skilled trade is limited to 3000.
The Technical Professional List covers eight specified skilled trades, namely new industrialisation technicians, nurses, aircraft maintenance technicians, marine services technicians (for local vessels), information technology technicians, lift or escalator technicians, building information modelling coordinators and electrical technicians.
Applicants must meet the requirements on qualifications, work experience, professional skills (e.g., registration or licence to practice), etc, of the specific skilled trade as listed on the List. In addition, according to the prevailing requirements under the GEP and the ASMTP, the relevant professionals are required to have secured an employment offer from a local company before submitting an application, and the remuneration package should be commensurate with the market level for similar jobs.
Depending on the skilled trade and the applicant’s qualifications, the first entry visa will be valid for 24 or 36 months. When applying for visa renewal, a technical professional must continue to be employed in the same skilled trade in Hong Kong. If the visa renewal application is approved, an extension of stay may be granted for not more than 36 months, or in accordance with the validity period of the employment contract, whichever is shorter.
Under the employment-based GEP and the ASMTP, employers may apply to employ foreign talent, normally with a bachelor’s degree or higher qualifications, to fill job vacancies that could not be readily taken up by locals.
For vacancies falling under the professions in the Talent List, the enterprises are not required to conduct a market availability test to prove difficulties in local recruitment before making applications. Employers submitting applications in future through the new technical professional stream under the two schemes will also be exempt from conducting a market availability test.
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