Update on President Trump's Executive Order
Dear Clients and Friends:
As many of you have already heard, President Trump signed an Executive Order banning the entry of certain foreign nationals (those seeking Green Cards) into the United States. This takes effect at 11:59 pm EST on April 23, 2020. This Executive Order will be reevaluated and can be extended and/or could change during the next 60 days. We have provided a breakdown of each section the Executive Order lays out:
Section 1: Suspension and Limitation on Entry
This section states that aliens seeking to enter the US as immigrants is suspended. This Executive Order applies to aliens:
Who are outside the U.S. on the effective date of the proclamation;
Who do not possess a valid immigrant visa on the effective date; and,
Who do not have other official travel documents (such as an Advance Parole) besides a visa.
Section 2. Scope of Suspension and Limitation on Entry
The following list are exempt from Section 1:
Lawful permanent residents (green card holders)
Aliens seeking to enter the U.S. on an immigrant visa as a: physician, nurse, or other healthcare professional, to perform medical 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 Secretary of State or Secretary of Homeland Security;
Aliens applying for the EB-5 category;
Spouses, children under 21 or prospective adoptees of U.S. citizens;
Any alien who further important U.S. law enforcement objectives, as determined by Secretary of State or Homeland Security;
Members of the US Armed Forces or their spouses and children; and
Special Immigrants (including Iraqi and Afghani translators and religious workers-EB-4).
Section 3. Implementation and Enforcement
The Consular Officer shall determine whether an immigrant has established his or her eligibility for an exception in section 2(b).
Any alien who circumvents their application of the proclamation through fraud, willful misrepresentation shall be a priority of removal by Department of Homeland Security (DHS).
The Executive Order does not limit the ability of an individual seeking: asylum, refugee status, withholding of removal or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consisted with the laws of the United States.
Section 4. Termination
The Executive Order shall expire in 60 days from April 23, 2020, but may be continued as necessary. A recommendation to continue or modify must be provided by the Secretary of Homeland Security with consultation of the Secretary of State and the Secretary of Labor.
Section 5. Effective Date
11:59 p.m. eastern daylight time on April 23, 2020.
Section 6. Additional Measures
Within 30 days of the effective date, Secretary of Labor and the Secretary of Homeland Security in consultation with the Secretary of State shall review nonimmigrant programs (such as H-1B, L-1, O, TN, E2) and shall recommend other measures to stimulate the U.S. economy and ensure the prioritization, hiring, and employment of U.S. workers. This section clearly hints at the possibility that nonimmigrant visa changes might be coming.
Under the current Executive Order, nonimmigrant visas (initial applications or extensions) are not impacted. In addition, Aliens seeking to obtain their green cards through Adjustment of Status are also not impacted.
Sy and Smith understands that this is a difficult time for all of us and the impact of COVID-19 brings a lot of uncertainty for you, your loved ones, and employees. While we continue to work remotely, it is our #1 priority to continue to provide legal representation to help you navigate the US immigration process.
Please stay safe and healthy.