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Summary of the Presidential Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

| Apr 24, 2020 | Immigration Law

The Proclamation goes into effect on Thursday April 23, 2020 at 11:59 p.m.

Who does it affect? An individual seeking to enter the U.S. as an immigrant who on the date the Proclamation comes into effect:

  • Is outside of the U.S.;
  • Does not have a valid immigrant visa; and
  • Does not have a valid official travel document (such as transportation letter, boarding foil, or advance parole document), or issued on any date after the effective date that permits travel to the United States to seek entry or admission.

Who is exempt/does it not apply to? The following categories:

  • Lawful Permanent Residents/Green Card Holders (LPR)
  • Spouses of U.S. Citizens
  • Children (under the age of 21 and prospective adoptees IR-4 or IH-4) of U.S. Citizens
  • Members of the U.S. Armed Forces and their spouses and children
  • Individuals applying for a visa to enter the U.S. pursuant to the EB-5 immigrant investor visa program
  • Individuals (and their children and spouses) seeking to enter the U.S. as a physician, nurse or otherhealthcare professional to perform work essential to combatting, recovering from, or otherwisealleviating the effects of the COVID-19 outbreak
  • Individuals (and their children and spouses) eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter of U.S. Government Employee (SI or SQ)
  • Individuals who would further important U.S. law enforcement objectives
  • Individuals whose entry would be in the national interest (as determined by the Secretaries of DHsand State, or their respective designees).

Who is currently not included in the ban?

  • Asylum seekers – The Proclamation does not limit the ability of individuals to apply for asylum, refugee status, withholding of removal or protection under the Convention Against Torture.
  • Nonimmigrant visa holders – However we note that the Proclamation requires that within 30 days from April 23, 2020, “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.”

How long will this Proclamation last?

• Currently it is set to expire 60 days from Thursday April 23, 2020, which is June 22, 2020. However, the proclamation may be continued as necessary upon the recommendation of the Secretary of DHS, in consultation with the Secretaries of State and Labor.

If you are unsure if this Proclamation affects you or your loved one. Call us today, we are happy to answer your questions.

 

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