Presidential Proclamation on Immigration

PRESIDENTIAL PROCLAMATION ON IMMIGRATION

Last night, President Trump signed a Presidential Proclamation (not an Executive Order) that paused the entry into the United States of certain immigrants for a period of 60 days. This order goes into effect at midnight tonight EDT.

Who is covered by the new policy?

The Proclamation applies to individuals who:

• Were outside the United States on 11:59 PM EDT on April 23, 2020;
• Do not have an immigrant visa that is valid on 11:59 PM EDT on April 23, 2020;
• Do not have an official document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on 11:59 PM EDT on April 23, 2020 or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

Who is exempt from the policy?

The Proclamation does not apply to:

• Lawful permanent residents of the United States (green card holders);
• Spouses of U.S. citizens;
• Individuals who are under the age of 21 and are children of U.S. citizens, or prospective adoptees seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
• Individuals seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as well as their accompanying spouses and children under the age of 21;
• Individuals applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;
• Any individual whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
• Members of the United States Armed Forces and their spouses and children;
• Individuals seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or
• Any individual whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees

Note re Nonimmigrants (e.g., H-1B, L-1, TN, O-1, E visa holders)

At this time, the Proclamation does not affect nonimmigrants who are currently in the United States. Nor does it appear to have any effect upon applications for extension, change or adjustment of status for foreign nationals within the United States. Section 6 of the Proclamation does reference that in 30 days this Proclamation may be amended to include certain nonimmigrant classifications.

Also at this time, consulates remain closed to most forms of visa issuance due to the Coronavirus pandemic. It is unknown when normal visa operations will be restored.

For these reasons, WSV continues to recommend that clients avoid any unnecessary travel, as it remains uncertain how difficult it will be to return to the U.S. in the short term.