The tweet was worse than the Order.  President Trump got our attention by announcing by tweet that the immigration system would be suspended as a response to unemployment during the coronavirus pandemic.  The actual Executive Order, issued the evening of April 22, 2020, is much narrower, however. 

The Order is titled, “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.”  Click here to read it yourself if you would like.  This Order will take effect at 11:59 p.m. Eastern time on April 23, 2020.

This post is to clarify the effect of the latest Executive Order on our clients. While the headlines make this order sound like an enormous change to immigration processes, it will not affect the vast majority of immigration cases.

The following categories who will be impacted:

  • People outside the United States as of April 23, 2020, at 11:59 p.m., and
  • Who do not already have an immigrant visa valid at that same moment, and
  • Who do not have an advance parole document or other official travel document (such as a transportation letter or boarding foil), and
  • Who are seeking an immigrant visa as:
    • The spouse or child of a permanent resident, or
    • A diversity visa lottery winner, or
  • A sponsored employee or other employment-based immigrant visa applicant.

Not impacted are the following categories:

  • Adjustment of status applicants (those applying for green cards filed inside the United States),
  • People applying for nonimmigrant visas, such as temporary work visas,
  • Immigrant visa applicants who are spouses and minor children of U.S. citizens,
  • Lawful permanent residents, who can continue entering the United States,
  • Immigrant visa applicants who seek to work as
    • Physicians
    • Nurses
    • Other healthcare professionals
    • Medical researchers whose work helps combat the spread of the coronavirus,
    • Essential workers whose efforts to combat or recover from the pandemic are needed, or
    • The accompanying spouses and children of the above.
  • EB-5 investors,
  • People whose entry is important to law enforcement objectives, as determined by the federal government,
  • Members of the United States Armed Forces and their spouses and children,
  • Certain special immigrant visa applicants who served as translators in Iraq or Afghanistan, and their spouses and children,
  • People whose entry is in the national interest as determined by the federal government,
  • People seeking asylum, or similar protections.

Some of the excepted categories are fuzzy.  What constitutes the “national interest,” or “law enforcement objectives?”  Where is the line as to medical research that will alleviate the effects of the pandemic?  Consular officers will be the ones to decide whether individual immigrant visa applicants meet an exception.

Also keep in mind that most consulates worldwide are closed and have not opened visa appointments for May or June, so a 60-day order has little impact even on immigrant visa applicants who are not excepted from the new policy.

The Order may be extended at the end of the 60-day period, at which time more intending immigrants may be affected. The government may also introduce further Orders that impact temporary work visas, though this would of course be very controversial and opposed by employers.  We will continue to monitor any developments and will be in touch with any clients who may be affected. In the meantime, continue washing your hands and staying safe!