Details on Presidential Proclamation Suspending Entry of Immigrants for 60 Days
April 23, 2020
President Trump’s Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak becomes effective Thursday, April 23, 2020 at 11:59 pm (ET).
The Proclamation applies to
- Individuals outside the U.S.
- Who do not have a valid immigrant visa (green card), and
- Who do not have any other valid travel document (issued either before or after the effective date of the Proclamation) that permits travel to the U.S. (such as an advance parole, transportation letter or boarding foil).
The Proclamation does not appear to apply to individuals who are currently in the United States who seek to apply for adjustment of status in the U.S.
Specifically exempt from the Proclamation are:
- Lawful permanent residents
- Physicians, nurses or other healthcare professionals who will perform essential work relating to COVID-19, including their spouses or children, seeking to enter the U.S. on an immigrant visa
- EB-5 immigrant investors
- Spouses of U.S. citizens
- Children of U.S. citizens under 21 years and prospective adoptees seeking to enter the U.S. on an IR-4 or IH-4 visa
- Individuals who would further important U.S. law enforcement objectives, as determined by the Secretaries of DHS and State
- Members of the U.S. Armed Forces and their spouses and children
- Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ)
- Individuals whose entry would be in the national interest, as determined by the Secretaries of State and DHS
U.S. consular offices will have discretion to determine if an individual falls into one of the exempted categories above.
Although nonimmigrant visa holders (H-1B, F-1, for example) are not included in the Proclamation, it does require that within 30 days of the Proclamation that government agencies review nonimmigrant programs and recommend to the President ways to stimulate the U.S. economy and “ensure the prioritization, hiring and employment” of U.S. workers as the country recovers from the effects of the COVID-19 pandemic.
Therefore, it is possible that future restrictions to nonimmigrant visas will be enacted. Whether the Proclamation will lead to restrictions on applications for adjustment of status remains unknown.
The Proclamation may be extended or modified after 60 days, “as necessary.”
Weaver Schlenger will continue to closely monitor developments and update our website.