On April 22, 2020, President Trump signed a proclamation temporarily suspending the immigration of certain immigrants who present a “risk” to the U.S. labor market during the COVID-19 outbreak. In sum and substance, the edict has little impact on the vast majority of immigrants, their employment- or family-based sponsorship.
Very Small Subset of Immigrants Is Impacted
- Commencing at 11:59 p.m. EST on April 23, 2020, and lasting for a period of at least 60 days, consular officers are asked to deny the entry of those immigrants who are outside the United States on the effective date of the proclamation;
- do not have a valid immigrant visa on the effective date; and
- do not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) on the effective date or issued on any date thereafter that permits travel to the United States to seek entry or admission.
As most practitioners can attest, the above is a very small subset of all immigrants. In fact, one is hard pressed to think of any reason why an intending immigrant who neither has an immigrant visa nor is in possession of a travel document is before a U.S. consular officer. To be plain, it is nearly impossible that such an event can occur in the next 60 days, since all U.S. Consulates have cancelled immigrant visa appointments as of March 20, 2020. Finally, it is incomprehensible how the identified class of immigrants, either in terms of number or skill set, pose a risk to the U.S. labor market.
Who Is Exempt
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