President Trump's Proclamation Suspending Entry of Immigrants

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On April 22, 2020, President Trump signed a Proclamation suspending the immigration of certain individuals seeking to enter the U.S. The Proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), and suspends for a period of 60 days the entry of any individual seeking to enter the U.S. as an immigrant who:

  • Is outside the U.S. on the effective date of the proclamation;
  • Does not have a valid immigrant visa on the effective date; and
  • Does not have a valid official travel document (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 U.S. to seek entry or admission.

As it can be seen, only immigrant visas are affected by this measure. As such, any immigrant or "green card" applications filed from abroad, which means those applications that are filed at the U.S. Consulates overseas, will be suspended for 60 days.

The Proclamation does not apply to the spouses or minor children of U.S. citizens and does not apply to EB-5 investors and nonimmigrant visas. However, the Proclamation requires that within 30 days of its effective date, the Secretaries of Labor and DHS, in consultation with the Secretary of State, shall review nonimmigrant programs (such as H-1B, E-2, L-1A, O-1, etc.) and recommend to the President other appropriate measures to stimulate the U.S. economy and ensure “the prioritization, hiring and employment” of U.S. workers.

This means that any potential applicants for nonimmigrant visas, such as E-2 visas, should seek to apply as soon as possible to make sure that any future proclamation or executive order does not affect their ability to file a petition.

White House Press Release Paper

If you have any questions regarding immigration law or the current Presidential Proclamation, please contact me, Santiago J. Padilla, Esq., at (305) 824-2400 or contact us online.

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