President Trump Issues Another Proclamation, Suspends the Entry of Certain Immigrants into the United States


Pursuant to the most recent Presidential Proclamation from the Trump Administration, which becomes effective on April 23, 2020 at 11:59 p.m. EST, the entry of most intending immigrants currently outside of the United States will be suspended for an initial period of 60 days. The primary underlying basis for issuing the “pause” on immigration is a desire to protect the American economy and displaced/unemployed U.S. workers from external labor competition that the Administration has attributed to immigrant workers entering the U.S. economy.

Applicability:

The Executive Order (“EO”) suspends the entry of the following class of persons into the U.S. for an initial period of 60 days. Foreign nationals who:
  • Are applicants for an immigrant visa (as distinguished from a temporary nonimmigrant visa);
  • Are currently outside the U.S.; and
  • Do NOT already possess a valid immigrant visa stamp or other official travel document granting entry into the country.

Notable Exemptions (this list is not exhaustive):

  • Lawful permanent residents (“green card holders”);
  • Foreign nationals seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional to work in connection with the COVID-19 crisis;
  • EB-5 Immigrant Investors;
  • Spouses and minor children of U.S. citizens.

Key Takeaways:

  1. The EO largely memorializes what was already the state of affairs, as most U.S. Embassies/Consulates abroad had already suspended visa services, so intending immigrants were generally unable to obtain the visas necessary to enter the U.S. in any event;
  2. The EO does NOT impact Adjustment of Status processes for individuals currently in the U.S.;
  3. The EO does NOT impact H-1B, L-1 and other nonimmigrant worker programs. However, the proclamation does direct that the Dept. of Homeland Security and the Dept. of Labor “shall review nonimmigrant programs and shall recommend to [the President] other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.” Thus, future restrictions impacting these nonimmigrant visa programs could be forthcoming.
  4. This EO is separate from the previously issued travel bans affecting persons who have been physically present in Europe (Schengen Area), the United Kingdom, Ireland, China, and Iran, which remain in force.

We will continue to closely monitor this situation for our clients. Please contact us with specific queries. 

 
The contents of this alert are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you may have We are fully operational during this pandemic and we stand ready to assist your business with any of the aforementioned applications. Please do not hesitate to contact any of our attorneys with your questions and concerns.  
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