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Proclamation Suspending Entry of Immigrants and Nonimmigrants

June 23, 2020 by Thomas Geygan

On Monday, June 22, President Trump signed a proclamation suspending entry into the United States of certain immigrants and nonimmigrants who present a risk to the U.S. labor market following the coronavirus outbreak. Effective immediately, the proclamation extends the suspension of entry for certain immigrants (Presidential Proclamation 10014) through December 31, 2020. The new restrictions imposed by the proclamation are effective at 12:01 a.m. EDT on Wednesday, June 24 and expire on December 31, 2020, unless continued by the President.  U.S. citizens, lawful permanent residents, and aliens who are or were inside the United States or those holding valid nonimmigrant or immigrant visas on the effective date are not subject to the proclamation.  

The proclamation suspends entry of nonimmigrants in the following categories: H-1B, H-2B, J (for aliens participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program) and L, along with their spouses and children.  No valid visas will be revoked under the proclamation.   

Presidential Proclamation 10014 and this proclamation provide exceptions to their restrictions for certain categories of immigrants and nonimmigrants. These exceptions include: certain healthcare professionals, aliens seeking to enter the United States pursuant to an EB-5 investor visa, spouses and children (categories IR1, CR1, IR2, CR2, IR3, IH3, IR4, IH4) of U.S. citizens, members of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces, aliens seeking to enter the United States pursuant to an Afghan and Iraqi Special Immigrant Visa (SQ or SI-SIV), any alien seeking to provide temporary labor services essential the United States food supply chain, and 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.  In addition, the proclamation explicitly states that cases involving a child applicant who may age out may be considered for a national interest exception.  Please refer to the text of each proclamation for a full list of exceptions.   

Routine visas services continue to be  suspended at U.S. posts worldwide as a result of the COVID pandemic, but as resources allow, embassies and consulates may continue to provide emergency and mission-critical visa services.  Mission-critical immigrant visa categories include applicants who may be eligible for an exception under these presidential proclamations, such as: IR/CR1, IR/CR2, IR/IH-3, IR/IH-4, SQ, SI, certain medical professionals, and certain aliens providing temporary labor or services essential to the United States food supply chain, as well as cases involving an applicant who may age out of his or her visa category.  While embassies and consulates may process these types of cases, their ability to do so may be limited by local government restrictions and available resources.  In addition, an applicant’s ability to travel may be impacted by local laws, regulations, and travel restrictions. 

The full text of the presidential proclamations are available on the White House website at:  

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/

Filed Under: Uncategorized

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