An Executive Order suspending US immigration was issued by the White House on April 22, 2020.
The rationale for the executive order was that since the COVID-19 pandemic has so far resulted in over 22 million Americans filing for unemployment benefits, allowing certain immigrants to enter the United States would cause undue pressure on the labor markets.
Executive Order – Who Does It Apply To?
The order bars persons who are outside the United States on April 23, 2020 from being able to obtain a green card at a US Embassy or Consulate abroad.
The executive order will be remain in effect for a minimum of 60 days and may be extended and/or expanded.
It does not apply to persons who are applying for nonimmigrant visas like B-2 visitors, E-2 investors, F-1 students, and H-1B and other types of temporary workers.
It also does not affect person who are applying for immigration benefits in the U.S. including extensions of status, changes of status and adjustment of status.
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Who is Exempt?
Section 2b of the executive order exempts the following classes of persons:
- Lawful permanent residents (aka, green card holders);
- Physicians, nurses and other healthcare professionals (and their spouses and children) if they are coming to the US “to 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…”;
- EB-5 Investors;
- Spouses and unmarried children (but not parents) of US citizens;
- “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;”
- Any member of the US Armed Forces and their spouse and children;
- Certain Special Immigrants – Iraqi nationals who worked for or on behalf of the U.S. government in Iraq or Afghan nationals who worked for or on behalf of the U.S. government or the International Security Assistance Force in Afghanistan categories and their spouses and children; and
- “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.”
