
Presidential Proclamation Suspending Entry on Nonimmigrant Visas
WHEN DOES THE ORDER TAKE EFFECT?
Today’s proclamation extends the suspension of entry to the United States of individuals on immigrant visas which was due to expire June 22, 2020. The Order still applies only to individuals processing immigrant visas at U.S. consulates abroad, and also exempts a number of categories of immigrant visas. Please see our prior update for additional information.
As with the prior order, today’s proclamation does not restrict the ability to file immigrant applications with USCIS, and will only impact entry and visa issuance of the affected immigrants. That is, the order does not impact applications for I-485 adjustment of status with USCIS in the United States, nor any steps in the green card process such as the PERM labor certification and I-140 immigrant petition filings at this time.
Today’s proclamation concludes that “the entry of additional workers through the H-1B, H-2B, J and L nonimmigrant visa programs presents a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak.”
The Proclamation suspends the entry to the United States of individuals on the following nonimmigrant visas:
- Individuals inside the United States on the effective date of the Proclamation (June 24, 2020)
- Individuals who are outside the U.S. but already have a valid nonimmigrant visa on the effective date of the Proclamation (June 24, 2020)
- Individuals who have an official travel document other than a visa (e.g. transportation letter, advance parole document) that is valid on June 24, 2020 or permits the individual to travel to the US to seek admission
- Lawful permanent residents (green card holders) of the U.S.
- Spouses and children of U.S. citizens
- Individuals seeking to enter the U.S. to provide temporary labor or services essential to the U.S. food supply chain
- Individuals whose entry would be in the national interest as determined by the Secretaries of State and Homeland Security, or their designees
- This proclamation does not limit the ability for individuals to seek asylum, refugee status, withholding of removal or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
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- The Secretaries of State, Labor and Homeland Security shall establish standards to define categories of individuals deemed to be in the national interest, including individuals who are:
- Critical to the defense, law enforcement, diplomacy, or national securityof the United States
- Involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized
- Involved with the provision of medical research at United States facilities to help the United States combat COVID-19; or
- Necessary to facilitate the immediate and continued economic recovery of the United States
- May exempt children who may age out due to the extension of the suspension on immigrant visas
- The Secretaries of State, Labor and Homeland Security shall establish standards to define categories of individuals deemed to be in the national interest, including individuals who are:
ADDITIONAL POSSIBLE MEASURES
- To reduce the spread of COVID-19
- Directs the Secretaries to consider regulations or other actions to ensure those seeking EB-2 or EB-3 immigrant visas, or those in the U.S. on H-1B visas, do not “disadvantage U.S. workers”
We will continue to update you as additional information becomes available.
This update was prepared by Fausta M. Albi, Partner, Larrabee Albi Coker LLP.
Legal Disclaimer: This e-blast is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter. Immigration laws and policies change frequently, often without notice. It is therefore important to seek direct legal counsel based upon individual circumstances.