President's Promised Immigration Suspension Very Limited in Scope; Only Suspends Entry of Some Immigrant Visa Applicants for 60 Days

/

On April 22, 2020 President Trump signed a presidential proclamation suspending the entry of only a limited group of immigrant visa applicants to the US for 60 days. The proclamation is effective as of 11.59pm on April 23, 2020. Notably, the proclamation does not impact immigrants already in the US, or individuals or any nonimmigrant visa programs, including the H-1B, L-1, TN, E, O-1, P-1, F-1, J-1 and B visa programs.

The proclamation leaves open the possibility that the suspension impacting immigrant visa applicants could be extended if the President deems it necessary.

Who is impacted by this proclamation?

The proclamation only impacts individuals who:

  • Are currently outside the US;

  • Are applying for an immigrant visa to enter the US; and

  • Have not yet been issued an immigrant visa or another official travel document, such as a transportation letter, boarding foil, or advance parole document as of the effective date of the proclamation

The proclamation specifically exempts the following individuals:

  • U.S. lawful permanent residents;

  • Foreign nationals seeking to enter on an immigrant visa as a physician, nurse or other healthcare professional, as well as their spouse and unmarried children under 21;

  • Applicants for EB-5 immigrant visas;

  • Spouses of U.S. citizens;

  • Children under 21 of U.S. citizens and prospective adoptees in the IR-4 or IH-4 visa classifications;

  • Foreign nationals whose entry would further important U.S. law enforcement objectives;

  • Members of the U.S. armed forces and the spouses and children of such individuals;

  • Foreign nationals seeking to enter as Special Immigrants in the SI or SQ classification, and the spouse and children of such individuals; and

  • Foreign nationals whose entry is in the U.S. national interest. 

Who is not impacted by this proclamation?

The proclamation does not impact legal permanent residents already in the US. It also does not prevent individuals already in the US from applying for permanent resident status. This means that USCIS will continue to accept and process I-130 or I-140 immigrant petitions, I-485 adjustment of status applications, and applications for Employment Authorization Documents (EAD).

The proclamation does not impact individuals seeking to enter the US in temporary (“nonimmigrant”) visa categories, such as H-1B, L-1, TN, E, O-1, P-1, F-1, J-1 and B visas, nor does it impact individuals already in the US in a nonimmigrant visa category.  This means USCIS will continue to accept and process applications requesting extensions and changes of nonimmigrant visa status.

Ellis Porter Analysis

  • The scope of the proclamation is very limited. It applies only to individuals who are outside of the US and waiting for their immigrant visa to be issued, and even in those cases, it exempts several classes of individuals from the suspension. However, if the suspension is extended beyond 60 days, it could effectively bar the issuance of immigrant visas in certain employment-based and family-based immigration categories, furthering the administration’s goals of limiting legal immigration to the US.

  • Considering that immigrant and nonimmigrant visa processing services at US Embassies and Consulates worldwide have been suspended since mid-March, individuals outside the US seeking immigrant visas were already experiencing delays. Thus, although this Executive Order could cause further delays in immigrant visa processing, it does not cause any immediate hardship for such individuals while visa services at US Embassies and Consulates remain suspended.

  • Employers, non-immigrants, and legal permanent residents in the US can continue to file nonimmigrant visa extension and change of status applications, I-130 and I-140 immigrant petitions, I-485 adjustment of status applications, EAD renewals, and green card renewals with USCIS.

  • The most potentially concerning aspect of the proclamation is that it directs the Department of Labor, Department of Homeland Security and Department of State to review nonimmigrant visa programs and recommend other measures appropriate “to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.” It is possible that this review could result in future restrictions to nonimmigrant visa categories. Ellis Porter will monitor future developments on this issue closely.

Questions?

If you have any additional questions about how this proclamation impacts you, please contact your Ellis Porter attorney and we will be happy to provide further clarification and assistance.

EPOST Icon10.png

During these challenging times, Ellis Porter remains fully-staffed, fully-operational and fully-accessible to help you navigate the immigration impacts of COVID-19.

Visit the Ellis Porter COVID-19 Immigration Support Center ›