Client Alerts

President Trump’s Proclamation Suspending the Entry of Immigrants

By: David W. Leopold

About: Immigration

April 23, 2020 – The executive order, “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” becomes effective on April 23, 2020 at 11:59 p.m. ET and is valid for 60 days. It suspends the entry of any foreign national seeking to enter the United States as an immigrant (green card holder) who meets certain criteria outlined below.

The proclamation does not apply to nonimmigrants (temporary visa holders) including B, H, O, L, E, TN, J, and F visas. Nor does it apply to applicants for adjustment of status within the United States or abroad who are in possession of a valid advance parole document or asylum seekers. The proclamation also exempts individuals seeking to enter the United States under the EB-5 immigrant investor visa program.

The 60-day suspension of immigration applies to any 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.

The following categories are exempted from the proclamation:

• Lawful permanent residents (LPR);
• Individuals and their spouses or children seeking to enter the United States on immigrant visas, as physicians, nurses, or other healthcare professionals, 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);
• Individuals applying for visas to enter the United States pursuant to 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 seeking to enter on IR-4 or IH-4 visas;
• 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 or their respective designees);
• Members of the U.S. Armed Forces and their spouses and children;
• Individuals and their spouses or children eligible for special immigrant visas as Afghan or Iraqi translators/interpreters or U.S. government employees (SI or SQ classification); and
• Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS or their respective designees).

While nonimmigrant visa holders are not included in the proclamation, 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.

As noted above, 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.

Ulmer’s Immigration Law Group is closely monitoring developments related to the COVID-19 pandemic and is prepared to support you and your organization during these uncertain times. Please reach out to our immigration attorneys if you have any questions.

The information provided in this client alert speaks only to the information and guidance we have available as of the date of publication and is subject to change. We will continue to follow further issued guidance and regulations and endeavor to post those updates via our website. Please continue to follow these updates at ulmer.com. This legal update was created by Ulmer & Berne LLP, and is not intended as a substitute for professional legal advice. Receipt of this client alert, by itself, does not create an attorney client relationship. For any questions, or for further information, please contact David W. Leopold at dleopold@ulmer.com.