Presidential Proclamation Barring Entry of Immigrants

Understandably, this resulted in widespread concern, confusion and rumors. After waiting nearly 48 hours for clarification, on April 22, the President’s Proclamation was issued. Fortunately, its impact is minimal.

By his Proclamation, the President temporarily paused the entry of immigrants into the United States for 60 days. While this language seems broad, it is actually very narrow in scope. “Immigrants” refers to individuals who have finalized the green card process while outside of the U.S. (immigrant visa processing). Therefore, the Proclamation does not apply to anyone pursuing a green card in the United States through adjustment of status. It does not apply to anyone with a pending adjustment of status (I-485) application. It does not apply to anyone in the earlier stages of the green card process (PERM or I-140). All of these processes and petitions are moving forward as usual.

Even for those to whom the Proclamation applies, there are numerous exceptions: those who are already in possession of an immigrant visa, healthcare workers, spouses/children of U.S. citizens, EB-5 applicants, and various other categories deemed to be in the national interest of the United States.

We do note that a final provision in the Proclamation indicates that, within 30 days, the Administration will review non-immigrant programs to ensure “the prioritization, hiring, and employment of United States workers.” We will, of course, provide details if/when available.

In summary, the much-feared Proclamation applies only to a very specific/unique set of cases. Because U.S. Consulates have been, and will continue to be, closed, the delay imposed by the Proclamation is not beyond what we have already been experiencing.

Kate M. McCarroll has extensive experience in employment-related immigration law, including inbound/outbound immigration, Department of Labor/ Department of Homeland Security audits and I-9 compliance training. Kate has also handled matters involving asylum proceedings, family-based immigration, and criminal and inadmissibility issues.

Miroslava Orduño Rincón has extensive employment-related experience concerning U.S. non-immigrant and immigrant petitions for large international clients. She also processes outbound visitor and work visas, family-based petitions, and naturalization.

Robert S. Anderson counsels and represents clients in the full spectrum of immigration legal issues as applied to their workforce and staff, including all aspects of the international movement of personnel for local, national, and international companies.

Other posts to consider:

• COVID-19 Immigration FAQs (Part 2)
• Paid Leave Coverage Update
• COVID-19: Immigration Impact – Update (Part 2)