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Trump suspends entry of certain immigrants during pandemic

May 2020 employment law letter
Authors: 
Martha N. Hereford, Armstrong Teasdale LLP

On April 22, President Donald Trump signed an Executive Order (EO) suspending the entry of certain immigrants into the U.S. labor market during the economic downturn and recovery following the COVID-19 outbreak. The suspension is scheduled to last 60 days. Read on to learn which immigrants were affected by the proclamation.

Who’s in, who is kept out

The immigration proclamation doesn’t affect foreign nationals who are currently in the United States as either lawful permanent residents or nonimmigrants. Therefore, employees working in the country in a valid nonimmigrant status (such as H-1B, L-1, or TN) or who are lawful permanent residents aren’t affected. Likewise, if you’re in the process of sponsoring employees for lawful permanent resident status and they’ll be adjusting their status in the United States, the proclamation won’t affect them.

The proclamation applies only to foreign nationals who:

  • Were outside the United States on the proclamation’s effective date;
  • Didn’t have an immigrant visa on the effective date; and
  • Didn’t have a valid official travel document (such as a transportation letter, an appropriate boarding foil, or an advanced parole document) on the effective date or receive one on any date thereafter that permits travel to the United States to seek entry or admission.

Others not affected by proclamation

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