On April 22, 2020, President signed the Executive Order limiting immigration. The order applies to those seeking permanent residence (green cards) in the United States and will last for 60 days, at which point it will be reevaluated and potentially extended.
Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on April 23, 2020.
The order applies only to foreign nationals outside the United States seeking an immigrant visa or a green card, it doesn't apply to those who applies for adjustment of status.
It applies only to certain immigrant visas.
It includes an exceptions for essential workers, including medical workers, spouses and children of U.S. citizens, and "certain other aliens." The order would not apply to seasonal farm workers, who would seek seasonal guest-worker visas.
Sec. 2. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:
(i) are outside the United States on the effective date of this 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 this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
(b) The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:
(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; 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;
(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 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;
(vii) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;
(viii) 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
(ix) 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.
As of 11:59 PM on April 23, 2020, the ban blocks the issuance of all new immigrant (permanent) visas to people outside the United States, with some exceptions.
Specifically, the ban applies to:
Who Is Exempted from the Immigration Ban?
The ban does not apply to nonimmigrant (temporary) visas, such as students and H-1B high-skilled workers. It exempts any immigrant abroad who already has an immigrant visa or travel document in hand when it goes into effect. It also makes limited exceptions for:
How Long Does the Immigration Ban Last?
The ban will last 60 days. However, by the 50th day, the secretary of state is required to recommend to the president whether to extend the ban again.
If the supposed “90-day” Muslim Ban provides any history, this new ban will almost certainly get extended through the end of Trump’s first term in office. If the economy continues to struggle, the president will have an excuse to continue to block new immigrants.
In addition, the ban also requires the secretary of homeland security and the secretary of labor to review all non-immigrant visa programs within 30 days. This suggests that another ban may be in the works.
What Is the Long-term Effect of This Immigration Ban?
Routine visa services at consulates abroad are already suspended due to the coronavirus, so this ban does not change much in the short-term. However, the effect will likely be significant if the ban continues once those consulates reopen.
It is expected that all legal immigration would be cut by 33%.
While U.S.-citizen spouses are not affected, nearly two thirds of parents of U.S. citizens would get blocked. 93% of other family-based immigrants would as well. However, because a vast majority of those who obtain green cards through employment categories do so from inside the United States, employment-based immigration is largely unaffected.
Briefly in Russian:
22 апреля 2020, президент подписал Указ, ограничивающий иммиграцию в США. Про этот указ он впервые сказал в твите в понедельник, два дня назад. Этот указ относится к тем, кто обращается за иммиграционными визами в США и грин картами, но не относится к тем, кто приезжает в США по временным неиммиграционным визам. Дата вступления нового закона в силу 23 апреля 2020, и он останется в силе 60 дней. Этот срок может быть продлен президентом.
Указ относится только к иммиграционным визам через посольство и не относится к получению грин карты в США через USCIS как adjustment of status.
Указ исключает из запрета несколько групп иммигрантов: в том числе, супругов и малолетних неженатых детей американских граждан до 21 года, вречей, медперсонал, тех у кого уже есть в паспорте иммиграционные визы, тех кто приезжает по неиммиграционным визам.
Read it here.
Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on April 23, 2020.
The order applies only to foreign nationals outside the United States seeking an immigrant visa or a green card, it doesn't apply to those who applies for adjustment of status.
It applies only to certain immigrant visas.
It includes an exceptions for essential workers, including medical workers, spouses and children of U.S. citizens, and "certain other aliens." The order would not apply to seasonal farm workers, who would seek seasonal guest-worker visas.
Sec. 2. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:
(i) are outside the United States on the effective date of this 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 this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
(b) The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:
(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; 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;
(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 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;
(vii) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;
(viii) 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
(ix) 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.
As of 11:59 PM on April 23, 2020, the ban blocks the issuance of all new immigrant (permanent) visas to people outside the United States, with some exceptions.
Specifically, the ban applies to:
- Parents of U.S. citizens (Immediate Relatives category)
- Adult children of U.S. citizens (Family Preference categories)
- Spouses and children (regardless of age) of lawful permanent residents.
- The diversity visa DV Visa program
- All employment-based immigrant visas, except EB-5 investor visas (and except those applying for adjustment of status)
- All other immigrant visas, unless specifically exempted.
Who Is Exempted from the Immigration Ban?
The ban does not apply to nonimmigrant (temporary) visas, such as students and H-1B high-skilled workers. It exempts any immigrant abroad who already has an immigrant visa or travel document in hand when it goes into effect. It also makes limited exceptions for:
- Spouses and minor children of U.S. citizens, as well as active duty troops and their families.
- People seeking EB-5 investor visas.
- Iraqi and Afghan translators who helped the U.S. military, as well as their families.
- Any person obtaining an employment-based immigrant visa as a doctor, nurse, health care worker, medical researcher, or other job that the Department of Homeland Security determines is essential to combating the coronavirus. Spouse and children of these people are also exempted.
- Anyone whose entry as an immigrant is determined to be in the “national interest” or that “furthers important law enforcement objectives.”
How Long Does the Immigration Ban Last?
The ban will last 60 days. However, by the 50th day, the secretary of state is required to recommend to the president whether to extend the ban again.
If the supposed “90-day” Muslim Ban provides any history, this new ban will almost certainly get extended through the end of Trump’s first term in office. If the economy continues to struggle, the president will have an excuse to continue to block new immigrants.
In addition, the ban also requires the secretary of homeland security and the secretary of labor to review all non-immigrant visa programs within 30 days. This suggests that another ban may be in the works.
What Is the Long-term Effect of This Immigration Ban?
Routine visa services at consulates abroad are already suspended due to the coronavirus, so this ban does not change much in the short-term. However, the effect will likely be significant if the ban continues once those consulates reopen.
It is expected that all legal immigration would be cut by 33%.
While U.S.-citizen spouses are not affected, nearly two thirds of parents of U.S. citizens would get blocked. 93% of other family-based immigrants would as well. However, because a vast majority of those who obtain green cards through employment categories do so from inside the United States, employment-based immigration is largely unaffected.
Briefly in Russian:
22 апреля 2020, президент подписал Указ, ограничивающий иммиграцию в США. Про этот указ он впервые сказал в твите в понедельник, два дня назад. Этот указ относится к тем, кто обращается за иммиграционными визами в США и грин картами, но не относится к тем, кто приезжает в США по временным неиммиграционным визам. Дата вступления нового закона в силу 23 апреля 2020, и он останется в силе 60 дней. Этот срок может быть продлен президентом.
Указ относится только к иммиграционным визам через посольство и не относится к получению грин карты в США через USCIS как adjustment of status.
Указ исключает из запрета несколько групп иммигрантов: в том числе, супругов и малолетних неженатых детей американских граждан до 21 года, вречей, медперсонал, тех у кого уже есть в паспорте иммиграционные визы, тех кто приезжает по неиммиграционным визам.
Read it here.
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