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Update on Presidential Proclamation

Posted April 23, 2020Cheryl Kilborn - Sr. AssociateArticles

President Trump signed a Proclamation on Wednesday suspending immigration into the U.S. for 60 days. The Proclamation becomes effective today (April 23, 2020) at 11:59 PM EST, and suspends the entry of intending immigrants until at least June 23, 2020, who:

  • Are outside the U.S. on the effective date of the proclamation
  • Do not have a valid immigrant visa on the effective date; and
  • Do not have a valid travel document as of the effective date or issued on any date thereafter (e.g. advance parole document). This does not apply to non-immigrant visa holders.

The suspension does not affect the filing or processing of applications for adjustment of status for those already residing in the U.S.

The Proclamation also includes exemptions for the following individuals currently abroad:

  • Lawful permanent residents
  • Medical workers (including spouse and children) seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other health care professional to perform essential COVID-19 related work
  • Intending immigrants entering pursuant to the EB-5 immigrant investor visa program
  • Spouse and children (under the age of 21) of U.S. citizens
  • Individuals whose entry would be in the national interest

Although the suspension does not currently apply to temporary nonimmigrant visa holders (e.g. H-1B, E-3, L1), restrictions on these programs is possible. Within 30 days of the effective date, relevant immigration and labor authorities are required to review non-immigrant visa programs and if necessary, recommend appropriate measures aimed to stimulate the U.S. economy and protect U.S. workers.

We will provide further updates as new information becomes available. Please reach out to your designated Meltzer Hellrung professional if you have any questions or concerns.