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Proclamation Suspending Entry of Immigrants

Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

White House Immigration Order Summarized

Issued: on April 22, 2020

Over the past few weeks the Trump Administration has made a series of changes towards immigration policies due to COVID-19, ranging from barring entries into the US from Europe and China to pausing routine visa processing within foreign consulates. Most recently, On April 22, 2020 President Donald Trump signed his anticipated executive order barring some further immigration to the United States. While the order falls short of an outright ban on legal immigration to the US, as the President had initially announced it, it stands to affect tens of thousands of people overseas seeking to come to the country.

Below our firm has put together a concise review of the order, what it entails and what its text implements as to immigration law.

About the Executive Order:

Put simply, the order suspends the entry of foreigners seeking to legally immigrate to the United States and is expected to block the issuance of green cards (permanent residency) to those who are awaiting them-- with some enumerated exceptions. The order goes into effect immediately and is valid for 60 days, though it is subject to an extension should the president or the appropriate officials decide it is necessary.

Who the Executive Order applies to:

It is important to make clear that the executive order does not appear to affect foreign nationals with valid immigrant visas already within US borders. Rather, upon a careful reading of the proclamation, it deems itself to only affect people who:

(i) are outside the United States on the effective date of the proclamation;

(ii) do not have an immigrant visa that is valid on the effective date of this proclamation; and

(iii) do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of the proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

Who the Executive Order exempts:

As mentioned above, there are some categories of individuals that fit the description of applicability, but are exempt under section (b) of the order, including:

(i) any lawful permanent resident of the United States;

(ii) 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;

(iii) any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;

(iv) any alien who is the spouse of a United States citizen;

(v) 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;

(vi) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;

(vii) 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.

For more information, contact Stefano Rosenberg, Esq. at RKF Global at (312)888-2000 or stefano.rosenberg@rkfglobal.com

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