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 becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), and suspends the entry of any individual seeking to enter the U.S. as an immigrant who:

• Are outside the United States as of the effective date of the proclamation;
• Does not already possess a valid immigrant visa on the effective date; 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 travel to the United States and seek entry or admission.

The order does not affect the filing or processing of applications for adjustment of status (application for permanent residence) in the United States filed with USCIS.

H-1B, L-1 and other nonimmigrant worker programs are currently not affected, but the proclamation directs the Dept. of Homeland Security and the Dept. of Labor to make a study of the impact of temporary foreign workers on U.S. workers. The results of the study could prompt future restrictions on these nonimmigrant programs.

The following categories are exempted from the proclamation:

• Lawful permanent residents (LPR)
• Persons and their spouses or children seeking entry into 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
• Persons applying for a visa to enter the U.S. through the EB-5 immigrant investor visa program
• Spouses of U.S. citizens
• Children of U.S. citizens under the age of 21 and prospective adoptees 
• Persons who would further important U.S. law enforcement objectives 
• Members of the U.S. Armed Forces and their spouses and children
• Persons and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee
• Persons whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees).

Discretion: It is within the discretion of the consular officer to determine if an individual is within one of the exempted categories outlined above.

Expiration: The proclamation expires 60 days from its effective date and may be continued as necessary. Within 50 days from the effective date, the Secretary of DHS shall, in consultation with the Secretaries of State and Labor, recommend whether the President should continue or modify the proclamation.

We are here to assist you with your immigration concerns. Should you have any questions, please do not hesitate to reach out to our firm.