The Proclamation issued by President Trump on April 22, 2020 suspends the entry of certain immigrants to the United States for 60 days or possibly longer. Specifically, under the Proclamation, which becomes effective on April 23, 2020 at 11:59 PM (ET) (“effective date”), the entry of an alien into the United States, as an immigrant, is suspended if –
- The alien is outside the United States on the effective date;
- Does not have a valid immigrant visa on the effective date; and
- Does not have an official travel document (such as transportation letter, boarding foil, or an advanced parole document) that is valid on the effective date or issued thereafter that permits them to travel to the United States to seek entry or admission.
The Proclamation does not affect the filing or processing of immigrant petitions (Form I-140 and Form I-130), Adjustment of Status applications (Form I-485) in the United States nor does it limit the ability of an individual to seek asylum, refugee status, withholding of removal or protection under the Convention Against Torture. Victims of domestic violence, human trafficking and other crimes who are in the United States and are eligible for filing immigrant petitions (U Visa, T- Visa or VAWA) are also not affected by this Proclamation.
Further, the Proclamation shall not apply to the following categories –
- Lawful Permanent Residents (Green card holders);
- Physicians, nurses, or other health care professionals seeking to enter the United States on an immigrant visa to perform medical research or other research intended to combat the spread of COVID-19or to perform work essential to combating, recovering from, or otherwise alleviating the effects of COVID-19 outbreak as determined by the Secretary of State, the Secretary of Homeland Security, along with their spouse and children under 21 years old;
- Applicants for immigrant visa pursuant to EB-5 Immigrant Investor Program;
- Spouse of U.S. Citizens;
- Children of U.S. Citizen including prospective adoptees under IR-4 or IH-4 visa classifications;
- Alien whose entry would further important U.S. law enforcement objectives based on the recommendation of the Attorney General;
- Alien and their spouse and children, seeking to enter pursuant to a Special Immigrant Visa in the SI or SQ classification subject to conditions imposed by Secretary of State;
- Any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security or their designees.
Nonimmigrant work visas such as H-1B, H-4 EAD, L-1 etc., are not immediately affected under the Proclamation, however the Proclamation has directed the Department of Labor and the Department of Homeland Security in consultation with the Secretary of State to recommend to the President, within 30 days, other measures for stimulating the U.S. economy and for ensuring the prioritization, hiring, and employment of United States workers.