BREAKING NEWS: Proclamation Suspending Entry of Immigrants Released Today 04/22/2020
President Trump has, after much speculation and misinformation, signed the Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.
In summary, the proclamation did not bring major changes to the current immigration status. All the proclamation reads is that people cannot apply for employment-based immigrant visas at consulates and embassies for 60 days from April 23, 2020 11:59 p.m. Eastern Time, except for some classes of visas and people discussed below.
As of today, all consulates and embassies have suspended and cancelled visa interview appointments. In any case, what this proclamation does is making the closure of consulates and embassies for visa interviews more official.
The following people can still apply for immigrant visas outside the U.S. as long as consulates and embassies reopen and start accepting visa interview appointments:
any alien seeking to enter the United States 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 Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;
any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;
any alien who is the spouse of a United States citizen;
any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces; any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
This proclamation can be reviewed and extended after 60 days.
Even though his proclamation is not an impactful as we expected, it explicitly reads that the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, shall review nonimmigrant programs and shall recommend to me other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.
Foreign nationals with work visas and applying for work visas might still be subjected to a suspension in the future.