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COVID-19 Legal Resource Guide
April 23, 2020

President Suspends Entry of Certain Immigrants to the United States

Yesterday, President Trump signed a presidential proclamation temporarily suspending, for 60 days, the entry into the U.S. of certain immigrants (permanent resident APPLICANTS). The proclamation becomes effective today, Thursday, April 23, 2020, at 11:59 p.m. (ET). Importantly, we note that the proclamation suspends only the entry of permanent resident applicants who are currently outside the United States and who do not yet have a valid immigrant visa or other travel document (such as an advance parole document). The temporary suspension does not apply to individuals applying for permanent residence from within the United States (adjustment of status applicants), nor does it apply to nonimmigrant visa holders (including those seeking to enter the U.S. in F-1, E-2, E-3, H-1B, L-1, O-1 and TN status). 

There are a number of significant exemptions to the suspension, including current U.S. lawful permanent residents (green card holders); 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; spouses of U.S. citizens; and children under 21 of U.S. citizens. While the suspension does not cover nonimmigrant visa holders, it does state that within 30 days of the effective date of the proclamation, the Department of Homeland Security and Department of Labor are ordered to review nonimmigrant programs and recommend measures to “stimulate the U.S. economy and ensure the prioritization, hiring and employment of United States workers.” Those recommendations could lead to future restrictions on nonimmigrant employment categories. 

We will closely monitor this developing situation and will keep you apprised of future developments. 

 

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