President Donald Trump signed an Executive Order on April 22, 2020 prompting U.S. Consulates abroad from issuing Immigrant Visas to applicants outside the US for 60 days.

Specifically, this new executive order places limitations on the entry of immigrants who are (1) outside of the United States as of April 23, 2020; (2) do not have an immigrant visa that is valid as of April 23, 2020; and (3) do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid as of April 23, 2020 or issued on any date afterwards that permits him or her to travel to the United States and seek entry or admission.

This section of the executive order specifically does not apply to (1) lawful permanent residents (green card holders); (2) aliens seeking to enter the United States on an immigrant visa as healthcare professionals such as nurses and doctors performing work essential to combating the COVID-19 outbreak and their derivative beneficiaries under 21 years old; (3) aliens applying to enter the United States via the EB-5 Immigrant Investor Program; (4) any alien who is a spouse of a United States Citizen; (5) any alien under 21 years old who is the child of a United States Citizen or a prospective adoptee (IR-4/IH-4 visa classifications); (6) any member of the United States Armed Forces and spouses and children of such individuals; (7) aliens whose entry would further important United States law enforcement objectives determined by the Secretary of Homeland Security or their respective designees, based on a recommendation by the Attorney General or his designee; (8) aliens seeking entry to the United States pursuant to Special Immigrant Visa (SI/SQ classifications) and their spouses and children subject to certain conditions; and (9) aliens whose entry is that of a national interest determined by the Secretary of State, Secretary of Homeland Security or their respective designees.

This executive order is intended to be in effect for 60 days starting April 23, 2020. It is expected that these measures will be reconsidered after this 60-day period has expired. Within 30 days, President Donald Trump intends on discussing nonimmigrant programs with the Secretary of Labor and the Secretary of Homeland Security and addressing policy measures with the Secretary of State.

This Executive Order does not apply to:

  • F-1 Students, OPT, STEM OPT
  • H-1B/H-4, L-1/L-2, TN, all other temporary work visa holders
  • Cap-subject H-1Bs
  • Any application filed with USCIS
  • Temporary work visa or student visa applications at a consulate or embassy

In other words, we can still continue filing any application with USCIS (including PERM with the Department of Labor). Applicants can still apply for nonimmigrant visas at consulates or embassies once they re-open to the public. Lastly, USCIS will continue to process adjustment of status applications.

 

Source:

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/