Will I be affected by President Trump’s April 22, 2020 Proclamation Suspending Entry of Immigrants?

On April 22, 2020, President Trump signed an Executive Order (Proclamation) suspending entry of certain Immigrants into the U.S. on the ground that they will pose a risk to the U.S. labor market during the economic recovery from the COVID-19 pandemic. Although, like most Immigration-related orders that come out of the Trump White House, it first seemed like the Proclamation was going to a broad-based “ban” on new immigration, upon a closer look, it appears that it really only applies to a very narrow group of new immigrants.

First of all, it only applies to immigrants who were outside of the U.S. on April 23, 2020 and did not have a valid immigrant visa (ie green card holders or permanent residents).

Second, it does NOT apply to temporary non-immigrants who are outside of the U.S. on April 23, 2020. This means that the Proclamation does not apply to you if you are outside of the U.S. and want to enter in any one of the many temporary non-immigrant visa categories, such as, for example, B1/B2 visitors, E treaty trader/investors, F-1 students, H-1B visa holders, J-1 exchange students, K-1 fiancees, L-1 intracompany transferees, O visa holders with extraordinary ability,, or P visa artists, entertainers, and athletes.

Third, it does NOT apply to Asylum Seekers who are outside of the U.S. on the effective date.

Fourth, there are several categories that are completely EXEMPT from the proclamation:

• Lawful permanent residents (green card holders) on April 23, 2020.
• Spouses and children under the age of 21 of U.S. citizens, including prospective adoptees on an IR-4 or IH-4 visa.
• Individuals applying to enter the U.S. through the EB-5 immigrant investor visa program.
• Individuals who would further important U.S. law enforcement objectives.
• Members of the U.S. Armed Forces and their spouses and children.
• Afghan and Iraqi nationals who were translators/interpreters or employed by the U.S. government and their spouses or children seeking entry pursuant to a Special Immigrant Visa.
• Individuals, and their spouses and children, seeking to enter the U.S. on an immigrant visa as a physician or nurse, or other healthcare professionals, or who seek to enter the U.S. to perform medical research or other work essential to combatting COVID-19.
• Individuals whose entry would be in the national interest.

When you read between all of the lines and apply all of the categories covered by the exemptions, the Proclamation ONLY APPLIES to:

• Immigrants who are seeking to enter the U.S. based upon an approved EMPLOYMENT BASED immigrant visa petition; AND/OR
• Immigrants who are seeking to enter the U.S. under one of the FAMILY BASED preference categories, including: (1) Adult … over 21 … sons and daughters of U.S. citizens; (2) Spouses and children of lawful permanent residents; and (3) Brothers and Sisters of U.S. Citizens.

How long will the April 22, 2020 visa ban last? The Proclamation was only effective for 60 DAYS, or until June 23, 2020, HOWEVER, on June 22, 2020 President Trump EXTENDED the visa ban through December 31, 2020 and also EXPANDED the ban to include H-1B, H2B, L-1A, L-1B and certain J-1 visa holders, including their spouses and unmarried children who are accompanying or following to join them in the U.S. Again, as stated above, the visa ban does NOT include or affect applicants who are in the U.S. and apply for:

• Adjustment of status (i-485)
• Extensions of Stay (i-539), or a
• Change of their visa status (i-539).

If you have questions about whether the April 22, 2020 Presidential Proclamation Visa Ban applies to you or you have any other questions regarding U.S. Immigration law, contact attorney SEAN D. HUMMEL to schedule a consultation now!