Where can I read the proclamation? The administration has posted the proclamation here.
What categories of nonimmigrant visa are impacted? The affected classifications are as follows:
What categories of individuals are impacted by this proclamation? The proclamation says that people seeking entry into the United States on certain nonimmigrant visas will not be permitted to come into the United States. The proclamation will prevent entry to a person in one of the affected visa categories who:
How long will this last? It appears that individuals will be unable to seek visas abroad in these categories through the end of 2020.
Will there be any exceptions to prohibitions on entry for people seeking entry in these categories? Yes, the proclamation does permit certain exceptions, specifically:
It is not yet clear how narrowly these provisions will be interpreted, and legal advice should be sought accordingly.
Are extensions or changes of status for people inside the United States impacted? No. Individuals in the United States who are seeking to change status or extend status in one of the above categories are not impacted.
Are visa-exempt Canadian citizens impacted? By the language of the proclamation, they might not be impacted, but this is not clear yet.
Will people who are currently in the United States in an impacted classification be permitted to travel overseas an obtain a new visa? By the language of the proclamation, there is a possibility that this might be permitted. However, anyone in this situation is strongly encouraged to wait for further guidance to be issued by the relevant agencies.
Are permanent residents affected by this proclamation? No.
Are spouses and children of US citizens affected by this proclamation? No.
Are people seeking green cards affected? This proclamation has to do with individuals seeking nonimmigrant visas from overseas. However, it should be noted that the administration has found that the “considerations” of the April 22, 2020 proclamation remain, and accordingly, the categories of individuals affected by the earlier proclamation will continue to be affected. Individuals who are eligible for adjustment of status (i.e. filing their green card application from within the United States) are not impacted.
What else might happen as a result of this proclamation? The proclamation indicates that various agencies (i.e. the Department of Health and Human Services, the Department of Labor, and the Department of Homeland Security) should promulgate new rules and regulations. These rules and regulations will ostensibly be for the purpose of reducing transmission and spread of COVID-19 from people who are seeking to come to the United States.
There may also be regulations that will
Already, the American Immigration Lawyers Association has indicated that federal litigation will be pursued. Roth Jackson will post updates on this proclamation and its effect on businesses and workers as soon as it is available.
For more information, contact Jennifer West at email@example.com