Presidential Proclamation on 60-Day Temporary Suspension of Immigrant Visa Issuance at Consular Post

On April 22, 2020, the President signed the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak" following his Tweet on Monday. The stated purpose of the Proclamation is to protect U.S. workers who have lost jobs due to the COVID-19 pandemic and will be reentering the job market once stay-at-home orders are lifted and the U.S. economy reopens.

Despite the strong implications of Trump’s initial announcement on Twitter, the Proclamation exclusively applies to foreign nationals who are outside of the United States and are applying for an immigrant visa at consular posts abroad – it is worth noting that immigrant visa services at consular posts have already been suspended since March 20, 2020 due to the pandemic. Foreign nationals currently in the United States pursuing adjustment of status to permanent residency, lawful permanent residents, and immigrant visa applicants who are spouses and minor children of U.S. citizens are exempt from the order.

As it stands now, this order does not impact nonimmigrants currently in the United States seeking a change of status, extension of stay, or change of employer, nor does it impact nonimmigrant visa applicants. The U.S. Citizenship and Immigration Services ("USCIS") is continuing to accept and adjudicate these petitions filed in the United States. However, within 30 days of this Proclamation’s effective date, the President will review nonimmigrant programs and may issue another order or “measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.”

The Proclamation will go into effect on April 23, 2020 at 11:59 PM EDT / 8:59 PM PDT. The suspension will last for 60 days and may be extended or modified based on economic conditions.

We will continue to monitor the presidential actions and will provide immediate updates on any new impact to nonimmigrant and other foreign national workers in the United States.