New Executive Order Suspends Certain Classes of Immigrants
President Trump has signed a new executive order titled “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” The most important thing to note is that this order has not made any major changes to the immigration system as it stands today.
The order goes into effect on April 23, 2020, at 11:59 PM EST. The main restriction is that entry into the United States will be suspended for any applicant who is outside the United States and seeking an immigrant visa (a.k.a. lawful permanent residence, a.k.a. a green card). At this time, the proclamation does not suspend entry for non-immigrant visa holders or asylum seekers. It also does not affect foreign nationals applying for green card status from inside the United States.
For immigrants, there are several specific carve-outs listed. The following categories of immigrants will not be suspended:
- Lawful permanent residents
- Physicians, nurses, or other healthcare professionals performing work related to COVID-19
- EB-5 investors
- Spouses of U.S. citizens
- Children of U.S. citizens under the age of 21 and prospective adoptees
- Individuals who would further important U.S. law enforcement objectives
- Members of the U.S. Armed Forces and their spouses and children
- Afghani or Iraqi translators/interpreters or U.S. Government Employees applying for Special Immigrant Visas
- Individuals whose entry would be in the national interest
The proclamation expires 60 days from April 23, 2020, its effective date, and it may be extended.
Even before this order was announced, U.S. visa processing has been at a near stand-still due to public health concerns for at least a month. Most U.S. Embassies and Consulates around the world are closed or only allowing appointments for emergencies and other special situations. Even for the exempted categories listed above, there are essentially no interviews or visas being issued at this time.
This proclamation mostly seems to make official what has already been going on in the current state of U.S. immigration. However, the language of the order leaves open the possibility that it may be extended beyond 60 days, and that additional categories of applicants may be suspended from entering the United States in future.
We will continue to monitor the situation and provide updates as they come. Please contact Abbas Law PLLC if you are worried about how this order may affect you.
