First and foremost, the Proclamation ONLY applies to certain a
pplicants for immigrant visas (i.e. green cards) who are outside the U.S. on April 23, 2020 at 11:59pm.
It will be effective for an initial period of 60 days.
The Proclamation does NOT apply to individuals who are inside the U.S. on April 23, 2020 at 11:59pm or to individuals who are applying for green cards in the United States via "adjustment of status." It also does NOT apply to many immigrant visa applicants outside the United States, including spouses and children of U.S. citizens, EB-5 immigrant visa applicants, applicants for nonimmigrant visas, and certain other categories (see below).
Significantly, the Proclamation states that within 30 days the Secretary of Labor and Secretary of Homeland Security, in consultation with the Secretary of State, "shall review nonimmigrant programs and shall recommend to me other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers." Therefore, while the Proclamation does not currently apply to nonimmigrants, it is possible there will be some impact to nonimmigrant visa categories in the near future.
Below are more detailed (although nonexhaustive) lists showing immigration categories that are and are not affected by the Proclamation:
The Presidential Proclamation DOES NOT apply to:
- Anybody inside the U.S. on April 23, 2020 at 11:59pm
- Current lawful permanent residents
- Applicants for green cards in the United States (i.e. via "adjustment of status")
- EB-5 immigrant visa applicants
- Nonimmigrants (e.g., B-1, B-2, E, F, H, L, O, P, and R)
- Spouses or children of a U.S. citizens
- Individuals outside the U.S. who have a valid travel document other than a visa (e.g., advance parole)
- Physicians, nurses, or other healthcare professionals (and their spouses and children under 21 years old) coming to the U.S. to perform research or work related to COVID-19
- Individuals who in the determination of the Secretary of State and Homeland Security would further important U.S. law enforcement objectives
- Members of U.S. Armed Forces and their spouses and children
- Certain Special Immigrants who are Iraqi or Afghani translators/interpreters or certain Iraqis and Afghanis employed by or on behalf of the U.S. government
- Individuals whose entry would be in the national interest as determined by the Secretary of State and Secretary of Homeland Security.
The Presidential Proclamation DOES apply to the following individuals outside the U.S. applying for immigrant visas:
- Parents of U.S. citizens
- Unmarried adult sons and daughters of U.S. citizens (F-1)
- Spouses and children of lawful permanent residents (F-2A)
- Unmarried adult sons and daughters of lawful permanent residents (F-2B)
- Married adult sons and daughters of U.S. citizens (F-3)
- Brothers and sisters of U.S. citizens (F-4)
- Individuals with extraordinary ability (EB-1A)
- Multinational managers and executives (EB-1C)
- Outstanding Professors and Researchers (EB-1B)
- Advanced Degree Holders (EB-2)
- National Interest Waivers (EB-2) (unless determined to be in national interest by Secretary of State and Secretary of Homeland Security, as noted above)
- Professional or Skilled Workers (EB-3)
- Special Immigrant Religious Workers (EB-4)
- Special Immigrant Juveniles (EB-4)
Please feel free to contact us if you have any questions about the Presidential Proclamation, or any other immigration-related questions.
Sincerely,
The PNR Immigration Group
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