Presidential Proclamation Suspending Immigration
Content contributed by FACC Member Krasnogor & Krasnogor LLP, represented by partner Julie Daniel. If you are interested in connecting with Julie, log into the FACC Member Directory to send her a message and discuss.
Presidential Proclamation Suspending Entry into the U.S. for Certain Immigrants
Here’s What We Know (As of April 23, 2020)
The president issued the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak” on April 22, 2020, suspending certain immigrants from entering the United States for 60 days.The proclamation is to be implemented by the State Department and the Department of Homeland Security. It expires 60 days from its effective date and may be continued as necessary.
The proclamation is effective at 11:59 p.m. ET on April 23, 2020.
Who IS Impacted?
The proclamation suspends the entry of any individual seeking to enter the U.S. as an immigrant 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) on the effective date, or issued on any date thereafter that permits travel to the United States to seek entry or admission.
Who is NOT Impacted?
The following categories are exempted from the proclamation:
1. Lawful permanent residents (LPR)
2. Individuals and their spouses or children seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional to perform work essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak (as determined by the Secretaries of State and Department of Homeland Security (DHS), or their respective designees)
3. Individuals applying for a visa to enter the U.S. pursuant to the EB-5 immigrant investor visa program
4. Spouses of U.S. citizens
5. Children of U.S. citizens under the age of 21 and prospective adoptees seeking to enter on an IR-4 or IH-4 visa
6. Individuals who would further important U.S. law enforcement objectives (as determined by the Secretaries of DHS and State based on the recommendation of the Attorney General (AG), or their respective designees)
7. Members of the U.S. Armed Forces and their spouses and children
8. Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification)
9. Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees).
1.Lawful permanent residents (LPR)
2.Individuals and their spouses or children seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional to perform work essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak (as determined by the Secretaries of State and Department of Homeland Security (DHS), or their respective designees)
3.Individuals applying for a visa to enter the U.S. pursuant to the EB-5 immigrant investor visa program
4.Spouses of U.S. citizens
5.Children of U.S. citizens under the age of 21 and prospective adoptees seeking to enter on an IR-4 or IH-4 visa
6.Individuals who would further important U.S. law enforcement objectives (as determined by the Secretaries of DHS and State based on the recommendation of the Attorney General (AG), or their respective designees)
7.Members of the U.S. Armed Forces and their spouses and children
8.Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification)
9.Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees).
Nonimmigrant Visa Holders
Nonimmigrant visa holders are NOT included in the proclamation. However, the proclamation requires 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
Asylum seekers are NOT included in the ban. The proclamation states that it does not limit the ability of individuals to apply for asylum, refugee status, withholding of removal or protection under the Convention Against Torture.
What Our Office Is Doing
We are closely monitoring the situation and will reach out to clients who might be affected by the anticipated Executive Order as soon as we know more.
