The published Executive Order dated April 22, 2020, becomes effective at 11:59 P.M. EDT April 23, 2020. It is limited in scope as follows:
(a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:
(i) are outside the United States on the effective date of this proclamation;
(ii) do not have an immigrant visa that is valid on the effective date of this proclamation; and (emphasis added, not in the original)
(iii) 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 on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.”
The plain reading of the Executive Order means that it should NOT impact foreign nationals who are inside of the United States as of the effective date of the Executive Order (11:59 PM EDT on April 23, 2020). Both non-immigrants or foreign nationals seeking immigrant status, that are within the U.S. are not currently restricted by this Executive Order.
Non-immigrants (H-1B visa holders etc.) and those seeking immigrant status within the United States may be impacted in the future, because “[w]ithin 30 days of the effective date of this proclamation, the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, shall review non-immigrant programs and shall recommend to [the President] other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.”
We will provide additional guidance here once such recommendations are made public. There is no reason to speculate at this time what those recommendations may be.
If you would like assistance with respect to any immigration matter please contact us.
You can download a Summary of the April 22 Presidential Proclamation Suspending Entry of Certain Immigrants prepared by the American Immigration Council and American Immigration Lawyers Association, by clicking here.
Continue to be safe!