COVID-19-Related Suspension of Immigrant Entry

On AprilINSIGHTi COVID-19-Related Suspension of Immigrant Entry Updated June 24, 2020 On June 22, President Trump issued a proclamation suspending that, among other provisions, extends Proclamation 10014 issued April 22 suspending the entry into the United States of certain aliens (foreign nationals) who are seeking lawful permanent resident (LPR) status (i.e., immigrants). The President justified the suspension as needed to protectBoth proclamations justify the suspension as protecting American workers from foreign labor forcemarket competition during a time of "high high domestic unemployment and reduced demand for labor"workers caused by the coronavirus pandemic. The President citedBoth proclamations rely on two immigration-related legal authorities. Under Section the Immigration and Nationality Act (INA), §212(f) (8 U.S.C. §1182(f)) of the Immigration and Nationality Act (INA), the President may suspend immigration when it would be detrimental to the interests of the United Statesharm U.S. interests. Under INA §215(a) (§8 U.S.C. §1185(a)) the President may prescribe limitations and exceptions on who may enter or depart the United States.

country. How long will the suspension last? Proclamation 10014, effective April 24, 2020, lasted 60 days. The second proclamation, effective June 24, 2020, extends the immigrant provisions of Proclamation 10014 until December 31, 2020. It also states that it “may be continued as necessary.” It requires the Secretaries of the Departments of Homeland Security (DHS), State (DOS) and Labor (DOL) to consult every 60 days to recommend to the President any needed modifications. How long will the suspension last?

Who is included in the suspension? Section 2(a) of the proclamationProclamation 10014 lists three criteria for determining which foreign nationals' entry ’ entries into the United States as immigrants isare suspended. They must

• 1. The foreign nationals affected must  be outside of the United States as of April 24, 2020;
• 2.   lack a valid visa as of April 24, 2020; and
• 3. lack an official travel document other than a visa that is valid as of April 24, 2020, or issued thereafter—examples. Examples of documents that permit foreign nationals to travel to the United States and seek admission include a transportation letter, an appropriate , a boarding foil, or an advance parole document; such documents permit foreign nationals to travel to the United States and seek admission.

Specifically, the suspension document. Congressional Research Service https://crsreports.congress.gov IN11362 CRS INSIGHT Prepared for Members and Committees of Congress Congressional Research Service 2 Specifically, Proclamation 10014 curtails the overseas portion of four major pathways to acquiring LPR status: as family-based, immediate relative parents of adult U.S. citizens; , family-based preference immigrants; employment-based immigrants; and diversity visa immigrants.

immigrants, employment-based immigrants, and Diversity Visa immigrants. Who is exempted from the suspension?

Section 2(b) of the proclamationProclamation 10014 exempts nine groups of overseas foreign nationals from the suspension:

• 1. those who possess LPR status;
• 2. those seeking to enter the United States on immigrant visas to work as physicians, nurses, or other healthcare professionals; to perform coronavirushealthcare professionals or perform COVID-19-related research or work essential to combating or alleviating the effects of the coronavirus pandemic (as determined by the Department of Homeland Security (DHS) or DOS), as well as their spouses and unmarried minor (under age 21) children;
• , as well as their spouses and children; 3. those applying for an EB-5 immigrant investor visa;
• ; 4. spouses of U.S. citizens;
• 5. minor children or minor adopted children of U.S. citizens;
• 6. those whose entry would further important U.S. law enforcement objectives, as determined by DOS or DHS;
• ; 7. members of the U.S. Armed Forces and their spouses and children;
• 8. those seeking to enter the United States withon a Special Immigrant Visa from Iraq or Afghanistan Afghanistan who served as interpreters or other employees of the U.S. government (subject to any conditions imposed by DOS), and their spouses and children; and
• 9. those whose entry would be in the national interest, as determined by DOS or DHS.

The proclamation. Proclamation 10014 does not impactaffect foreign nationals already residing in the United States who seek to adjust to LPR status from a temporary (nonimmigrant) visa. It also does not affect foreign nationals who seek seeking U.S. admission as nonimmigrant foreign workers, such as those with H-1B visas (specialty occupations), H-2A visas (seasonal agricultural workers), or H-2B visas (seasonal non-agricultural workers). The proclamation is not intended to limit any individual's ability to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture.

The proclamation. (For more information on how the second proclamation affects nonimmigrant workers, see CRS Insight IN11435) Agency Guidelines Proclamation 10014 provides limited guidance for the agencies charged with its implementation. It states that DOS consular officers shall determine whether a foreign national meets the exemption criteria outlined in Section 2(b). Following each agency'’s normal immigration processing role, DOS is to implement the proclamation as it applies to visas in consultation with DHS, and DHS is to implement the proclamation as it applies to entry of foreign nationals in consultation with DOS.

What are some implications of this suspension?

The immediate impact of the second proclamation is unclear, given that DOS had already suspended suspended overseas visa processing as of March 20, 2020. LPR issuance figures from prior years provide some indication of how many prospective immigrants may be affected. From FY2016 through FY2018, an average of 91,960In FY2018, 79,937 individuals acquired LPR status annually as overseas family-based immediate relative parents of U.S. citizens; 215,282 as overseas-based . For overseas family-based preference immigrants; 17,320 as immigrants, the figure was 204,115; for employment-based (EB) immigrants (the first four of the five EB preference categories); and 47,908 as diversity immigrants. ), it was 19,900; and for diversity immigrants, it was 44,233. Summed together, the average overseas portion of these four groups totals 372,470. On an annual basis, this average total represents an estimated 65% of all 348,185, which represented 66% of all overseas-based foreign nationals granted LPR status that year, and 32and 33% of all foreign nationals granted LPR status (based overseas or in the United States). However, if the suspension were to be lifted in 60 days, the estimated percentage of annual immigrant visa applicants subject to its restrictions would comprise 11% of all overseas-based foreign nationals granted LPR status and 5.5% of all foreign nationals granted LPR status (based overseas or in the United States). These computations assume that visas for all four pathways are issued evenly throughout the year (an assumption that may not always apply).