President Trump signed an executive order, “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” to pause for 60 days the issuance of new immigrant visas to applicants who are outside the United States. The order, which takes effect at 11:59 pm Eastern daylight time on April 23, 2020, is limited in its current scope, as it only affects individuals who are outside the United States and do not have a valid visa.
As reported in our post yesterday, the order does not:
- Impact temporary workers, such as H-1B specialty occupation workers, L-1 intra-company executives and specialized knowledge transferees from overseas, treaty visa holders including NAFTA entrants, O-1 extraordinary ability aliens, and F-1 students, who are currently in or outside the United States;
- Affect the ability of business visitors and tourists to enter the United States with the appropriate travel authorization, subject to prior travel restrictions still in effect; and
- Preclude those who are in the United States from adjusting to lawful permanent resident status.
The order also instructs the Secretaries of Labor, Homeland Security, and State to review “nonimmigrant programs” and make recommendations in the next 30 days to “stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.”