Tonight, President Trump signed and Executive Proclamation titled “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” The Proclamation, which take effect at 11:59 pm ET on April 23, 2020, and will initially last 60 days, temporarily suspends the issuance of most Immigrant Visas, which allow individuals to enter the United States as Lawful Permanent Residents.
More specifically, the Proclamation applies to individuals who:
Are outside the United States on the effective date of the Proclamation;
Do not have an immigrant visa that is valid on the effective date of the 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 the Proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
The Proclamation specifically exempts:
Current lawful permanent residents;
Immigrant visa applicants who are physicians, nurses, healthcare professionals, engaged in research focused on combatting COVID-19, or who are to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 along with their dependent family members;
Immigrant visa applicants seeking admission as spouses and children of U.S. citizens (including certain adoptees);
Members of the Armed Forces and their dependent family;
Those applying for immigrant visas based on the EB-5 immigrant investor program;
Applicants whose admission would further certain law enforcement objectives;
Any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification; and
Any alien whose entry would be in the “national interest”.
The Proclamation also directs the Secretaries of Labor, Homeland Security, and State to “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.”
Given that most U.S. Consulates and Embassies are currently closed to all routine visa processing the impact of this Proclamation is likely to be minimal at present since only emergency appointments are being granted at this time. If routine consular services resume in the next 60 days, immigrant visa applicants who do not fall under one of the exemptions will be precluded from scheduling immigrant visa interviews during that time.
It is important to note that the Proclamation does not apply to individuals who are within the U.S. applying for a green card through the Adjustment of Status Process, which constitutes the majority of employment-based immigration. It also does not apply to individuals applying for or seeking to enter the United States on nonimmigrant visas (such as F-1, H-1B, L-1, O-1, etc.)
D&S will continue to monitor the implementation of the Proclamation and provide updates as they become available.