On April 22, 2020, President Trump signed a proclamation temporarily suspending the entry of certain immigrants into the United States in light of the COVID-19 pandemic.
When does the proclamation become effective?
Thursday, April 23, 2020 at 11:59 PM (ET)
When does the proclamation expire?
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.
What does the proclamation do? It 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.
The following individuals are NOT affected by the proclamation:
- Lawful permanent residents (LPR)
- 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)
- Individuals applying for a visa to enter the U.S. 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 an IR-4 or IH-4 visa
- 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)
- Members of the U.S. Armed Forces and their spouses and children
- 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)
- Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees).
What about nonimmigrant visas?
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.
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