President Trump has signed a proclamation suspending the entry of certain immigrants for 60 days. The order takes effect at 11:59pm EDT on April 23, 2020.

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THE PRESIDENTIAL PROCLAMATION OF APRIL 22, 2020

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The proclamation suspends the entry of immigrants to the United States for 60 days if they are outside the United States as of 11:59pm EDT on April 23, 2020; do not have a valid immigrant visa as of the effective date of the proclamation; and do not have an official travel document other than an immigrant visa that is valid as of the effective date of the proclamation or is issued thereafter and permits the individual to travel to the United States and seek entry or admission (e.g., a transportation letter, boarding foil or advance parole document).

The following groups are exempt from the proclamation:

• U.S. lawful permanent residents;
• 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;
• Applicants for EB-5 immigrant visas;
• Spouses of U.S. citizens;
• Children under 21 of U.S. citizens and prospective adoptees in the IR-4 or IH-4 visa classifications;
• Foreign nationals whose entry would further important U.S. law enforcement objectives;
• Members of the U.S. armed forces and the spouses and children of such individuals;
• Foreign nationals seeking to enter as Special Immigrants in the SI or SQ classification, and the spouse and children of such individuals; and
• Foreign nationals whose entry is in the U.S. national interest.

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What does this means for employers and foreign nationals?

The presidential proclamation affects a limited group of prospective immigrants – those who are outside the United States on the effective date of the proclamation and have not been issued an immigrant visa or similar U.S. travel document by a U.S. consulate. It does not affect those already holding a valid immigrant visa or similar travel document, or applicants for adjustment of status to permanent residence, among other exceptions. As a reminder, routine immigrant visa issuance at U.S. consulates has been suspended since mid-March as part of the State Department’s COVID-19 containment measures. In addition, COVID-related entry bans remain in effect for travel from numerous countries.

• The order does not affect the filing or processing of applications for adjustment of status in the United States.
• The order does not affect foreign national with H-1B, L-1, E, O, TN and other nonimmigrant visas.  However, the proclamation directs DHS and DOL to make a study of the impact of temporary foreign workers on U.S. workers. The results of the study could prompt future restrictions on these nonimmigrant programs.
  

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