Proclamation Suspending Entry of Aliens Released

President Trump has, after much speculation and misinformation, signed the Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.

In summary, this proclamation suspended the issuance of immigrant visas and non-immigrant visas:

• Proclamation 10014, that suspended the issuance of several classes of immigrant visas was extended and is set to expire on December 31, 2020; and,

• The issuance of some non- immigrant visa are also suspended and, and may be continued as necessary and is set to expire on December 31, 2020.

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:

1. 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;

2. any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;

3. any alien who is the spouse of a United States citizen;

4. 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;

5. 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;

6. any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;

7. 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

8. 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.

The following non-immigrant visas cannot be issued by U.S. Consulates and Embassies outside the U.S.:

1. H-1B or H-2B visa, and its dependent’s visas;

2. J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and its dependent’s visas;; and

3. L visa, and its dependent’s visas.

The order is effective at 12:01 am eastern daylight time on June 24, 2020 and will last through December 31, 2020, suspending the entry of certain immigrant and non-immigrant aliens as outlined here. Within 30 days of June 24, 2020 (on July 24th), and every 60 days thereafter while the proclamation is in effect, the Secretary of Homeland Security will, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications to the order.

Please contact your INLG attorney and subscribe to our newsletter for more information.

Article by Bruna Frota at INLG.

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