Thursday, April 23, 2020

PRESIDENTIAL PROCLAMATION REGARDING TEMPORARY HAULT TO IMMIGRATION DUE TO COVID-19


President Trump has issued a Presidential Proclamation to temporarily stop the issuance of all immigrant visas (green cards) at Embassies abroad for sixty days effective midnight on April 23, 2020.  Contrary to the overarching language used in the President’s original tweet, the text of the Proclamation reveals that it will have very little impact on business immigration.

Importantly, this Proclamation does not apply to those who are already in the United States and applying for a green card, nor does it apply to those entering the US on a nonimmigrant visa, such as H-1B, TN, L-1, for F-1.  The Proclamation does not bar nonimmigrant visa extensions or transfers.

The Proclamation only applies to all those who are:
  • outside of the United States between April 23, 2020 – June 23, 2020; and
  • not in possession of either a valid immigrant visa or an official travel document, e.g. Advanced Parole; and
  • Not one of the categories of immigrants who are exempt from the Proclamation.  
Specific categories of those seeking to enter the US on an immigrant visa are exempt from Proclamation. The exempt groups are:

  • Permanent Residents of the US;
  • Healthcare workers and their immediate family members (including those family members traveling with the healthcare worker and those family members coming to the US at a later date);
  • Other individuals coming to the US to perform work essential to combating, recovering from, or alleviating the effects of Covid-19 and their immediate family members (including those family members traveling with the healthcare worker and those family members coming to the US at a later date). 
  • Spouses and children of US Citizens;
  • EB-5 investors;
  • Individuals who are entering to assist law enforcement or who are members of the US Armed Forces;
  • Special Immigrants in the SI or SQ Class and their family members; and
  • Any person whose entry is in the national interest of the US as determine by the Secretary of State or Secretary of Homeland Security.
The Proclamation may be extended beyond sixty days if President Trump deems it necessary to do so.  If you have questions about your application and whether you are exempt from the Proclamation, please contact your MU attorney.


3 comments:

  1. Good day Atty. May 2020 VB is still not out yet. Does this mean that there will be no VB release for this month? Thank you!

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  2. Great day Atty. ! Given that HC workers are exempted from this Presidential Proclamation, How do you see that this can benefit HCPs with approved i140 eb3 ? or it does have no significant impact at all? Thanks as always!

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    1. No significant impact unfortunately. However see our May 1 blog items for some potentially great news.

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