Nanthaveth Immigration News

Immediate Notice from AILA and American Immigration Council

Summary of the April 22, 2020 Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

Authority: Immigration and Nationality Act sections 212(f) and 215(a) and 3 U.S.C. section 301

The proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), and

suspends the entry of any individual seeking to enter the U.S. as an immigrant who:

● Is outside the United States 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 United States to seek entry or admission.

The following categories are exempted from the proclamation:

1. Lawful permanent residents (LPR)

2. Individuals, and their spouses or children, seeking to enter the U.S. on an immigrant visa

as a physician, nurse, or other healthcare professional; to perform medical research or

other research intended to combat the spread of COVID-19; or to perform work

essential to combating, recovering from, or otherwise alleviating the effects of the

COVID-19 outbreak, (as determined by the Secretaries of State and Department of

Homeland Security (DHS), or their respective designees)

3. Individuals applying for a visa to enter the U.S. pursuant to the EB-5 immigrant investor

visa program

4. Spouses of U.S. citizens

5. Children of U.S. citizens under the age of 21 and prospective adoptees seeking to enter

on an IR-4 or IH-4 visa

6. Individuals who would further important U.S. law enforcement objectives (as

determined by the Secretaries of DHS and State based on the recommendation of the

Attorney General (AG), or their respective designees)

7. Members of the U.S. Armed Forces and their spouses and children

8. Individuals and their spouses or children eligible for Special Immigrant Visas as an

Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ

classification)

9. Individuals whose entry would be in the national interest (as determined by the

Secretaries of State and DHS, or their respective designees).

Discretion. It is within the discretion of the consular officer to determine if an individual is

within one of the exempted categories outlined above.

 

Nonimmigrant visa holders are not included in the proclamation. However, the proclamation

requires that within 30 days of the effective date, the Secretaries of Labor and DHS, in

consultation with the Secretary of State, shall review nonimmigrant programs 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.

 

Asylum seekers are not included in the ban. The proclamation states that it does not limit the

ability of individuals to apply for asylum, refugee status, withholding of removal or protection

under the Convention Against Torture.

Prioritized Removal. Individuals who circumvent the application of this proclamation through fraud, willful misrepresentation or illegal entry will be prioritized for removal.

 

Expiration. The proclamation expires 60 days from its effective date and may be continued as

necessary. Within 50 days from the effective date, the Secretary of DHS shall, in consultation

with the Secretaries of State and Labor, recommend whether the President should continue or

modify the proclamation.

 

Severability Clause. If any provision of the proclamation, or the application of any provision to

any person or circumstance, is held to be invalid, the remainder of the proclamation shall not

be affected.