Presidential Proclamations and Other White House Policies

Last Updated

July 6, 2020

Topics

  • June 22, 2020, Proclamation: The White House issued a Presidential Proclamation, banning the entry of certain nonimmigrant visa workers and extending the previously issued ban on the admission of certain immigrant visa applicants. Both bans go into effect at 12:01 a.m. ET on June 24, 2020.

    Specifically, the June 2020 Proclamation extends the 60-day ban issued on April 22, 2020, on certain immigrant visa applicants. That ban is now in effect until Dec. 31, 2020. A summary of the details of the previously-issued Proclamation 10014 can be found here.

    The June 2020 Proclamation also suspends entry to the United States for certain visa entrants under the following categories and their accompanying or following to join derivative family members:

    • H-1B, Specialty Occupation Workers
    • H-2B, Temporary, Non-Agricultural Workers
    • L-1, Intracompany transferees
    • J-1, Exchange Visitors participating as an intern, trainee, teacher, camp counselor, au pair, or summer work travel program

    The ban provides some limited exceptions and only applies to visa entrants in the categories above if they are:

    • outside the United States on the effective date of the Proclamation;
    • do not have a nonimmigrant visa [in the named categories] that is valid on the effective date of the Proclamation [stipulation in brackets was added by a subsequent amendment to the proclamation issued on June 29]; and
    • do not have an official travel document other than a visa (such as a transportation letter, boarding foil, or advance parole document), valid on the effective date of the Proclamation or issued thereafter permitting the individual to be admitted to the United States.

    The ban is in effect until Dec. 31, 2020, and can be extended or modified. The ban does not apply to:

    • Lawful permanent residents
    • Spouses and unmarried children under 21 years of age of U.S. citizens;
    • any individual seeking entry to provide temporary labor essential to the U.S. food supply chain; and
    • any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees. Per the proclamation, this includes children who would age out of eligibility for a visa because of these visa issuance bans.

     

  • May 24, 2020, Proclamation: The White House issued a Presidential Proclamation extending the COVID-19-related travel restrictions to Brazil. The proclamation suspends entry of immigrants and nonimmigrants who were physically present in Brazil during the 14-day period preceding their entry or attempted entry into the United States. The proclamation does not apply to lawful permanent residents, or LPRs, of the United States. There are also exceptions to allow the entry of some close relatives of U.S. citizens or LPRs, those traveling for the purpose of the containment of COVID-19, and several other categories. The proclamation states that it does not affect an individual’s eligibility for asylum, withholding of removal, or protection under the Convention Against Torture. See the Presidential Proclamation for the full list of exceptions. Although initially scheduled to take effect May 28, the White House issued an amended proclamation to begin the restriction at 11:59 p.m. ET, May 26, 2020.

     

  • April 23, 2020, Proclamation: The president issued a proclamation suspending for 60 days the entry of certain immigrants applying for lawful permanent residency from abroad. The proclamation was issued on April 22, 2020, and is effective at 11:59 p.m. ET on April 23, 2020.
    • The Proclamation applies to: Noncitizens who are outside the United States as of 11:59 p.m. ET on April 23, 2020;
      • Do not have a valid immigrant visa as of that time; and
      • Do not have a valid travel documents such as Advance Parole, Boarding Foil or Transportation Letter.
    • There are exemptions from the suspension for:
      • Lawful permanent residents;
      • Immigrant visa applicants in the following categories: Spouses and unmarried children under 21 years of age of U.S. citizens and certain prospective adoptees;
      • Special Immigrant Visa applicants in the SI or SQ category.
      • EB-5 investor visa applicants;
      • Any member, and any spouse and children of a member, of the United States Armed Forces;
      • Health care professionals and certain medical researchers performing work related to COVID-19 (as determined by Secretaries of State and DHS), and any spouse and unmarried children under 21 years old who are accompanying or following to join;
      • Individuals whose entry would further important United States law enforcement objectives (as determined by Secretaries of State and DHS); and
      • Individuals whose entry would be in the national interest (as determined by Secretaries of State and DHS).
    • The proclamation does not apply to:
      • Immigrants already present in the United States, including those seeking Adjustment of Status;
      • People seeking asylum, refugee status, withholding of removal or protection under the Convention Against Torture;
      • Individuals seeking nonimmigrant visas. Per the proclamation, the Secretaries of Labor, DHS and State will review nonimmigrant programs within the next 30 days to Recommend other appropriate measures to stimulate the U.S. economy; and
      • Those in the R-1 Nonimmigrant Category or those in the U.S. adjusting their status to permanent resident. This will only affect religious workers who are outside the U.S. applying for permanent residence through consular processing.
  • March 11, 2020, Proclamation: Presidential Proclamation on Novel Coronavirus

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