The issue:
President Trump signed a presidential proclamation to temporarily suspend the entry of certain employment-based, family-based and other immigrants for 60 days, with a number of exceptions. The President characterized the measure as a means to protect U.S. workers and conserve medical resources during the COVID-19 pandemic.
The suspension takes effect at 11:59pm EDT on April 23, 2020 and will be in place for 60 days, with the possibility of extensions beyond that timeframe. The order states that those who violate the proclamation will be prioritized for removal from the United States.
Who is subject to the suspension:
Per the proclamation, the suspension and limitation on entry applies to individuals who:
- are outside the United States on the effective date of this proclamation;
- do not have an immigrant visa that is valid on the effective date of this proclamation; and
- do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
The suspension does not affect the filing or processing of applications for adjustment of status to permanent residence in the United States.
Who is exempt from the suspension:
The following groups are exempt from the proclamation:
- U.S. lawful permanent residents;
- Foreign nationals seeking to enter on an immigrant visa as a physician, nurse or other healthcare professional, as well as their spouse and unmarried children under 21;
- Applicants for EB-5 immigrant visas;
- Spouses of U.S. citizens;
- Children under 21 of U.S. citizens and prospective adoptees in the IR-4 or IH-4 visa classifications;
- Foreign nationals whose entry would further important U.S. law enforcement objectives;
- Members of the U.S. armed forces and the spouses and children of such individuals;
- Foreign nationals seeking to enter as Special Immigrants in the SI or SQ classification, and the spouse and children of such individuals; and
- Foreign nationals whose entry is in the U.S. national interest.
Impact on nonimmigrant programs:
The proclamation does not have an immediate impact on the H-1B, L-1 and other nonimmigrant worker programs. Though the proclamation does not immediately limit nonimmigrant visa programs, future restrictions cannot be ruled out.
If you have any questions and/or concerns regarding this proclamation and its impact on your immigration case, please contact our experienced immigration attorneys at Root Law Group. Call us today at (323) 456-7600 for a free consultation!
Source: Fragomen | AILA Doc. No. 20042200.
