SUMMARY OF THE TRUMP EXECUTIVE ORDER LIMITING CERTAIN IMMIGRATION

SUMMARY OF THE TRUMP EXECUTIVE ORDER LIMITING CERTAIN IMMIGRATION.

 

On June 20, 2020, President Trump has issued a proclamation that suspends the entry of foreign nationals on certain employment-based nonimmigrant visas into the United States. This Proclamation also extends, effective immediately, Presidential Proclamation 10014 issued on April 22, 2020 which suspended the entry of certain immigrants into the United States.

The Proclamation suspends the issuance of visas for those seeking entry pursuant to a(n):

·       H-1B visa and any foreign national accompanying or following to join them;

·       H-2B visa and any foreign national accompanying or following to join them;

·       J visa, to the extent the foreign national is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any foreign national accompanying or following to join them; and

·       L visa, and any foreign national accompanying or following to join them.

The Proclamation will only apply to an individual identified above if they are:

·       Outside the United States on the effective date of the Proclamation; •

·       Do not have a nonimmigrant visa that is valid on the effective date of the Proclamation;

·       Do not have an official travel document other than a visa (such as a transportation letter, boarding foil, or advance parole document), valid on the effective date of the Proclamation or issued thereafter permitting the individual to be admitted to the United States.

 

Exemptions:

The Proclamation will not apply to the following individuals:

·       lawful permanent residents;

·       spouse or child of a U.S. citizen; •

·       any individual seeking entry to provide temporary labor essential to the U.S. food supply chain; •

·       any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees. For the purposes of determining who is covered under the “national interest” exemption, the Proclamation directs the Secretaries of State, Labor, and Homeland Security to determine standards for those to whom such an exemption would be available, including any individuals who:

·       are critical to the defense, law enforcement, diplomacy, or national security of the United States; •

·       are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized; •

·       are involved with the provision of medical research at U.S. facilities to help the United States combat COVID-19; •

·       are necessary to facilitate the immediate and continued economic recovery of the United States; or •

·       are children who would age out of eligibility for a visa because of this proclamation or Proclamation 10014.

Discretion: The consular officer has discretion to determine if an individual is within one of the exempted categories outlined above.

Asylum Seekers: Asylum seekers are not included in the ban. The Proclamation states that it does not limit the ability of individuals to apply for asylum, refugee status, withholding of removal or protection under the Convention Against Torture.

DONALD TRUMP’S LIMITED IMMIGRATION “FREEZE”:

DONALD TRUMP’S LIMITED IMMIGRATION “FREEZE”: 

On April 20, 2020, Donald Trump tweeted that he will be signing an Executive Order to temporarily suspend immigration into the United States as a result of the 2019 novel coronavirus (COVID-19) pandemic.

President Trump signed the order on Wednesday, April 22, 2020.

Very limited effect of Order.

·       There will be NO complete halt on all immigration into the United States.

What it covers and what it doesn’t cover?

• The freeze applies to only persons OUTSIDE the U.S.  So all petitions for persons in the U.S. are not covered by this.
• Spousal immigrant visas are EXCLUDED from the order. That means all petitions for wives and husbands of U.S. citizens are not covered by this freeze either—even if outside the USA.
• Children under 21 immigrant visas are EXCLUDED
• The freeze doesn’t affect Legal Permanent Residents; they would still be eligible for citizenship
• The freeze does NOT apply to U visas for victims of crimes
• It doesn't affect asylum/refugees whose cases can go forward.
• It the alien already has a visa issued, they should be able to enter the U.S., as well as their family members.
• • It only lasts 60 days although it can be renewed.

When does it take effect?

It takes effect tonight, April 23, 2020 at 8:59 pm PST.

Facts about Closures Announced Previously.

·       Routine visa services at all U.S. embassies and consular posts around the world have been suspended as of March 20, 2020. U.S. embassies and consulates continue to provide urgent and emergency visa services as resources allow. The Department of State (DOS) intends to continue to process visa applications for farm workers and medical professionals assisting with COVID-19.

·       U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended in-person services through at least May 3, 2020, including in-person interviews and biometrics processing. USCIS staff will continue to perform duties that do not involve contact with the public and will provide emergency services for limited in-person situations.

·       The U.S. borders with Canada and Mexico are closed for non-essential travel until at least May 20, 2020.

·       With some exceptions, the entry of individuals who were present in China, Iran, the Schengen Area, the U.K., and Ireland, during the 14-day period before their attempted entry into the United States has also been suspended.

·       Despite these limitations, USCIS continues to accept and process applications and petitions, including applications requesting an extension or change of status.

For questions about these and other immigration issues, please contact us for a consultation, call: (707)433-2060 or (415) 777-4445.