Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak
/On April 22, 2020, the President of the United States signed a proclamation that temporarily affects certain categories of immigrants. In this article, we will explain a little what this proclamation is about, whom it affects, and for how long.
What is the purpose of the proclamation?
According to the proclamation, the purpose is to protect the labor market for people within the United States and avoid competition for jobs by individuals coming from outside this nation, because of the historic number of unemployment rates due to the Covid-19 pandemic.
Who is affected by the proclamation?
Certain people outside of the U.S. who are in the process of applying for an immigrant visa to enter the U.S. and who have not been approved or issued their visa by the date of the proclamation.
What are the categories of aliens who are affected by the proclamation?
Parents, siblings, and children over the age of 21 of U.S. citizens;
Spouses and children of permanent residents;
People pursuing employment visas, except for certain categories that are listed below.
Who is NOT affected by the proclamation?
People who are in the process of adjusting their status within the United States (who do not have to leave the United States to obtain their legal status).
People trying to come into the United States as the spouse of a U.S. citizen;
People trying to come into the United States as children under the age of 21 of U.S. citizens, or people who are going to be adopted trying to enter under the IR-4 and IH-4 categories;
People who already had a valid immigrant visa or entry document at the date of the proclamation (but who may have been unable to travel due to border closings, flight restrictions or personal matters);
People who are already permanent residents (therefore, they can travel whenever they understand it is safe to do so without a fear that they will not be allowed to enter the U.S. Remember, however, that a permanent resident should not remain outside the United States for more than six consecutive months);
People with non-immigrant visas (or applying for them)- such as tourists, humanitarian, student, and exchange visas, among several other categories;
People applying to come into the United States with work visas if they are doctors, nurses or health professionals, or to perform work to combat or alleviate the crisis related to the Covid-19 pandemic. The children under the age of 21 and spouses of these people can enter the United States if they come to join or follow them;
People who, in the authorities’ discretion, would come to further important United States law enforcement objectives;
People with (or applying for) work visas under the EB-5 category (investor visas);
Members of the United States Armed Forces, and the spouses or children of those members;
People trying to come into the U.S. with Special Immigrant Visas in the SI or SQ categories;
People whose entry, in the authorities’ discretion, would be in the national interest of the U.S.
If I am one of the people affected by the proclamation, does that mean that my case will be canceled?
No. What happens is that your case will be put on hold while the proclamation lasts. Once the proclamation ends, then your case will move forward again.
What is the duration period of the proclamation?
The proclamation will last for 60 days starting on April 23, 2020, at 11:59 p.m. (eastern time). If the proclamation is not extended, then it will remain in place until June 22, 2020.
Could the proclamation be extended?
This could be a possibility. We would have to see if it happens.
We hope this information is helpful, and we hope that you are staying safe during the crisis. Please keep in mind that this information is not intended to substitute a specific case inquiry, but rather to provide a general guidance that is helpful.
If you have additional questions regarding your particular case, we recommend that you schedule a consultation with our office (206-838-7628) if your inquiry relates to immigration matters.
