The President signed an Executive Order restricting the entry of certain immigrants to the United States for 60 days, effective April 23, 2020 at 11:59PM Eastern Standard Time. There has been a great deal of conflicting information and confusion about the meaning and impact of the Executive Order, and we thought you would appreciate a brief summary of the key takeaways from the Order:
1. The Executive Order does not affect individuals currently in the United States.
2. This does not impact the process of applying for adjustment of status in the United States, or for H-1B status, L1 status, or other nonimmigrant status within the United States. (It also does not impact nonimmigrant visa applications at consulates, but those applications are mostly temporarily halted anyway, due to COVID-19 distancing).
3. The Executive Order primarily impacts applicants for Immigrant Visas (Green Card) at a U.S. Consulate abroad, restricting entry into the United States for 60 days. As of the latest information, these individuals may continue the mail or online portion of the application process, but cannot be issued immigrant visas at the final step of the process.
4. Even for applicants for Immigrant Visas, there are exceptions that would allow certain individuals to still obtain visas and travel to the United States within the 60 day period, including but not limited to: spouses and minor children of U.S. citizens, Lawful Permanent Residents, certain healthcare workers, and EB-5 investors.
5. The current restrictions may change, as the President has given the Department of Homeland of Security and the Department of Labor 30 days to reevaluate nonimmigrant programs and recommend policies to prioritize jobs for U.S. workers.
6. If you need to travel internationally, please consult with your attorney before departing as the situation is continually developing.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.