Law Office of Leila Freijy PLLC
Immigration & Compliance Law 
Details emerge on "suspension" of immigration proclamation
 
The proclamation came into effective on Thursday, April 23, 2020 at 11:59 PM (ET), and suspends the entry of any individual seeking to enter the U.S. as an immigrant (U.S. Permanent Resident/green card holder) who:
 
● Is outside the United States on the effective date of the proclamation;
● Does not have a valid immigrant visa on the effective date; and
● Does not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) that permits travel to the United States to seek entry or admission.
 
U.S. Permanent Residents (green card holders) are not included in the proclamation.
 
Nonimmigrants are not included in the proclamation. As such, the proclamation has no impact on the following visa categories: F-1, H-1B, L-1, E, O-1, TN, B-1/B-2 etc. or the associated dependent categories (F-2, H-4, L-2, etc.) 

Petitions and applications for extensions, changes, amendments, change of employer, etc. may continue to be filed and the beneficiaries and their dependent family members will be permitted to apply for the associated visas in their passports if abroad, once U.S. Consulates re-open.
 
The proclamation does not include nonimmigrants who are already in the U.S. and being sponsored for U.S. Permanent Residence in-country by either their employer or an immediate family member. PERM, I-140 and I-485 applications may continue to be filed.
 
However, the proclamation does require that within 30 days of the effective date, the Secretaries of Labor and DHS, in consultation with the Secretary of State, shall review nonimmigrant programs and recommend to the President other appropriate measures to stimulate the U.S. economy and ensure "the prioritization, hiring and employment" of U.S. workers.
 
Asylum seekers are also not included in the ban.
 
Expiration . The proclamation expires 60 days from its effective date but may be continued, as necessary. Within 50 days from the effective date, the Secretary of DHS shall, in consultation with the Secretaries of State and Labor, recommend whether the President should continue or modify the proclamation.
 
Bottom line. The bottom line is that the proclamation in its current form applies only to those seeking entry to the U.S. as immigrants (green card holders) who do not already have an immigrant visa stamp in their passports.

This client alert is being sent only to company representatives.  Please feel free to share with your foreign national workforce.
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If you have any questions or concerns about the information provided in this email, please don't hesitate to contact me.

 

Sincerely,

 


Leila Freijy
Law Office of Leila Freijy PLLC