Employment-Based Immigrant Visas

Summary of Presidential Proclamation Suspending Entry for Certain Immigrants Applying for Immigrant Visas (April 23, 2020.)

The president issued the “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, suspending certain immigrants from entering the United States for 60 days. The proclamation is effective at 11:59 p.m. ET on April 23, 2020.

The proclamation is to be implemented by the State Department and the Department of Homeland Security and applies to certain applicants for lawful permanent residency, or green cards, who are applying at a consular post abroad and are not exempt.

Who does the proclamation apply to?

Noncitizens who:

Who is exempted from the proclamation?

Immigrant visa applicants in the following categories:

Who does the proclamation NOT apply to?

Per the proclamation, the Secretaries of Labor, DHS and State will review nonimmigrant programs within the next 30 days to recommend other appropriate measures to stimulate the U.S. economy.
Those in the R-1 Nonimmigrant Category or those in the U.S. adjusting their status to permanent resident. This will only affect religious workers who are outside the U.S. applying for permanent residence through consular processing.

 

The proclamation does not limit the ability of eligible noncitizens to submit an application for adjustment of status. In addition, the proclamation does not limit the ability of any noncitizens, including those subject to the ban, to proceed with the pre-interview steps of seeking an immigrant visa. CLINIC will continue to monitor the implementation of the proclamation and advise affiliates about any legal and procedural developments.