Temporary Suspension of U.S. Entry for Some Immigrants

President Trump has issued an executive order which temporarily suspends the entry of certain immigrants into the U.S. for 60 days. Beginning April 23, 2020, foreign nationals who are outside of the U.S., who do not already have a valid immigrant visa, and are seeking admission as lawful permanent residents will be temporarily barred from entering the United States.

Exceptions

The executive order contains many exceptions and restrictions. Most importantly, the order does NOT apply to:

• Individuals who are already in the U.S.;

• Nonimmigrant temporary visas, such as H-1B, L-1, O, E, TN, F-1, B and other nonimmigrant categories;

• Individuals already in possession of a Green Card;

• Spouses and unmarried children under the age of 21 of U.S. citizens;

• Foreign doctors, nurses, and other health care workers applying for visas to combat COVID-19;

• Individuals applying for EB-5 Investor visas;

• Individuals whose entry is in the national interest;

• Individuals furthering law enforcement objectives;

• Individuals seeking Special Immigrant visas;

• Members of the U.S. armed forces.

Impact

The executive order does not restrict nonimmigrant visa holders from changing status, extending status, traveling, or adjusting to lawful permanent residence within the United States. It would, however, affect individuals who are outside the U.S. and seeking to obtain an employment-based immigrant visa. The order will not impact the vast majority of employment-based green cards processed in the U.S. through adjustment of status.

The President did include a provision in the executive order directing the Department of Labor and Homeland Security to look into further immigration restriction in the next 30 days.

Ultimately, with nonimmigrant and immigrant visa issuance currently suspended at U.S. consulates abroad due to COVID-19, this executive order will not change much. However, with the potential of a future executive order that could limit nonimmigrant visa programs, employers and foreign nationals should consider limiting travel and filing and necessary immigration petitions as soon as possible.

As always, we will continue to monitor U.S. immigration operations during this global health crisis and continue to provide updates. Please contact us if you have any questions.