The Real Purpose & Effect of the Latest Travel Ban Issued in April, 2020
At 11:59 pm, eastern daylight time on April 23, 2020, President Trump’s latest Travel Ban went into effect, substantially limiting entry into the United States.
This latest Presidential Proclamation is intended to reduce the risk of exposure to COVID-19 caused by border crossings; however, its real intent is to preserve the U.S. labor market. As the COVID-19 pandemic has caused many businesses to shut down worldwide, said Proclamation’s goal is to keep foreign workers from taking U.S. jobs.
This Travel Ban prohibits entry for 60-days, but many experts predict that it will be extended both in time and in the scope of who it impacts.
Who does this Presidential Proclamation Impact?
Interestingly, this Presidential Proclamation, unlike the previous ones does not target certain nationalities and instead is applicable to all countries worldwide. However, certain individuals are exempt and may still enter United States. These include:
Spouse of a U.S. citizen seeking entry via Immigrant Visa;
Children under 21 year of age seeking entry via Immigrant Visa;
U.S. Legal Permanent Residents are allowed back in, however their immediate relatives
(spouse or children) will not be issued any immigrant visas for 60-days;
Physicians, nurses, or other healthcare professionals, researchers preforming medical research or other research intended to combat the spread of COVID-19 are exempt; so are their spouses and children under the age of 21;
Surprisingly, EB-5 Visa meant for high net worth investors is also exempt;
Individuals who are already inside the United States and who seek a Change in Status (from one visa category to another) or Adjustment of Status (from a Nonimmigrant visa to an Immigrant visa) are not impacted;
Certain other individuals (i.e. holders of Special Immigrant visa, appropriate boarding foil, or an advance parole document, etc.) are also exempt*.
Latest Travel Ban Issued in April, 2020 by Lawmaks
It is very important to note that only individuals who seek Immigrant Visas from outside the United States (at an embassy or consulate) are adversely affected. This Proclamation has no impact on individuals seeking change or adjustment of status on U.S. soil.
Furthermore, your “Immigrant Intent” makes the difference; in addition to the F2, F3 & F4 family visa categories, other visas with Immigrant Intent, such as H-1’s (sponsored work visa) are impacted, while the Nonimmigrant visa categories are not impacted at all. As stated previously, the U.S. labor demand is the true motivation for this Travel Ban.
Therefore, Nonimmigrant visas where there is a presumption and requirement of “no Immigrant Intent,” are not impacted. As such E-2 and L-1 visa applicants are still permitted to seek these visas at U.S. consulates or embassies.
Please beware that these individuals my want to consider moving up their plans, as many believe that this Travel Ban will expand in scope, and eventually adversely affect Nonimmigrant visa categories as well.
While some say that because all the U.S. embassies and consulates are closed due to the Pandemic, this latest Presidential Proclamation is more of a political move rather than having any practical effect. However, we believe that this Proclamation must be taken very seriously as it lays the groundwork for an expansion into covering Nonimmigrant visas such as E-1, E-2 and L-1’s.
*This is not a complete list of individuals who may be exempt from this Travel Ban.
LAWMAKS for an evaluation of your individual case.
The content in this newsletter should not be construed as legal advice. We encourage you to contact an Immigration Attorney for any immigration law questions you may have. Furthermore, the content herein is the work product of LAWMAKS and should not be copied or redistributed in any form or fashion by any individual or entity