President Trump signed the Executive Order suspending the entry of some individuals into the United States.
Duration: 60 days.
Effective Date: 11:59 eastern daylight time on April 23, 2020
Termination: Order may stay in place “as necessary.” The recommendation for continuing the temporary suspension must be provided by the Secretary of Homeland Security (in consultation with DOS and DOL) within 50 days of implementation (4/23).
Additional Measures: Within 30 days of the Effective Date, DOL and DHS, in consultation with DOS, shall review non-immigrant programs and make recommendations to stimulate the U.S. economy and ensure the prioritization of hiring and employing U.S. workers.
Suspension and Limitation of Entry – In general, the order suspends the entry of any individual seeking to enter the U.S. as an immigrant (resident).
Who is Covered:
People outside of the U.S. on the Effective Date of proclamation – April 23 at 11:59 PM (ET).
People who don’t have an immigrant visa in valid status on the Effective Date.
People who don’t have an official travel document other than a visa (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 with the intention of seeking entry or admission.
NOTE: Parents of U.S. citizens, adult children as well as siblings of U.S. citizens, minor children and spouses of lawful permanent residents are all barred from getting immigrant visas at consulates for the next two months. However, if they are already here in the U.S., they can still seek to adjust their status (file I-485 application) if their priority dates are current (U.S. citizens’ parents are immediate relatives and don’t need a current priority date to adjust).
Who is exempt:
Lawful permanent resident (green card holders)
Individuals, and their spouses and children, seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research intended to combat the spread of COVID; to perform work essential to assist combating, recovering from, or alleviating the effects of the COVID-19 outbreak as determined by DOS or DHS
EB-5 immigrant investors
Spouses of U.S. citizens
Children of U.S. citizens under the age of 21 or prospective adoptees (on the appropriate visa category)
People who would further important U.S. law enforcement objectives as determined by DOS or DHS
Members of the U.S. Armed Forces or their spouses and children
Special Immigrants in the Iraqi and Afghani translators category
People whose entry would be in the national interest as determined by DOS or DHS (attorney notation: this could potentially include EB-2 national interest waiver recipients)
People seeking asylum, refugee status, withholding of removal or protection under the Convention Against Torture
Implementation and Enforcement:
Consular officers make the determination if an individual is eligible for one of the exemptions. The procedures for a consular officer to make the determination may be set by the DOS and DHS. “People circumventing this through fraud or willful misrepresentation shall be a priority for removal.”
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