COVID-19-Related Suspension of Immigrant Entry

COVID-19-Related Suspension of Immigrant Entry

INSIGHTi

COVID-19-Related Suspension of Immigrant
Entry
Updated January 13, 2021
On December 31, 2020, President Trump issued a proclamation to extend Proclamation 10052, issued on
June 22, 2020, through March 31, 2021. Proclamation 10052, among its other provisions, extends
Proclamation 10014, issued April 22, 2020, which suspended the entry into the United States of certain
aliens (foreign nationals) who are seeking lawful permanent resident (LPR) status (i.e., immigrants).
The three proclamations justify the suspension to protect American workers from foreign labor market
competition during a time of high domestic unemployment and reduced demand for workers caused by
the coronavirus pandemic. The proclamations rely on two immigration-related legal authorities. Under the
Immigration and Nationality Act (INA), §212(f) (8 U.S.C. §1182(f)), the President may suspend
immigration when it would harm 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 country.
How long will the suspension last?
Proclamation 10014, effective April 24, 2020, lasted 60 days. Proclamation 10052, effective June 24,
2020, extended the immigrant provisions of Proclamation 10014 until December 31, 2020. The December
proclamation extends the immigrant provisions of Proclamation 10014 until March 31, 2021. 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.
Who is included in the suspension?
Section 2(a) of Proclamation 10014 lists three criteria for determining which foreign nationals ’ entries
into the United States as immigrants are suspended. The foreign nationals affected must
 be outside of the United States as of April 24, 2020;
 lack a valid visa as of April 24, 2020; and
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 lack an official travel document other than a visa that is valid as of April 24, 2020 or
issued thereafter. Examples of documents that permit foreign nationals to travel to the
United States and seek admission include a transportation letter, a boarding foil, or an
advance parole document.
Specifical y, 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.
Who is exempt from the suspension?
Section 2(b) of Proclamation 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 healthcare
professionals or perform COVID-19-related research or work essential to al eviating the
effects of the coronavirus pandemic, as wel as their spouses and children;
3. those applying for an EB-5 immigrant investor visa;
4. spouses of U.S. citizens;
5. minor children of U.S. citizens;
6. those whose entry would further important U.S. law enforcement objectives;
7. members of the U.S. Armed Forces and their spouses and children;
8. those seeking to enter the United States on a Special Immigrant Visa from Iraq or
Afghanistan who served as employees of the U.S. government, and their spouses and
children; and
9. those whose entry would be in the national interest.
Proclamation 10014 does not affect 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
seeking U.S. admission as nonimmigrant foreign workers. (For more information on how the second
proclamation affects nonimmigrant workers, see CRS Insight IN11435, COVID-19-Related Suspension of
Nonimmigrant Entry.)
Agency Guidelines
Proclamation 10014 provides limited guidance for agencies charged with its implementation. It states that
DOS consular officers shal 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
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. In FY2018, 79,937 individuals acquired
LPR status annual y as overseas family-based immediate relative parents of U.S. citizens. For overseas
family-based preference immigrants, the figure was 204,115; for employment-based (EB) immigrants (the
first four of the five EB preference categories), it was 19,900; and for diversity immigrants, it was 44,233.

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Summed together, the overseas portion of these four groups totals 348,185, which represented 66% of al
overseas-based foreign nationals granted LPR status that year, and 32% of al foreign nationals granted
LPR status (based overseas or in the United States). Applying these FY2018 figures to the initial 60-day
duration of Proclamation 10014 yields an estimate of 58,031 foreign nationals who may have been
temporarily denied LPR status, and to the extension of the suspension for the remainder of calendar year
2020 under the second proclamation yields an estimate of 179,816 foreign nationals who may be
temporarily denied LPR status going forward. Summing the two figures yields an estimate of 237,847
foreign nationals who may be denied LPR status from both proclamations. Extending that estimate for an
additional three months to account for the potential impact of the third proclamation yields an estimate of
324,893 foreign nationals.
With fewer petitions from overseas-based immigrants to adjudicate, and assuming no substantial changes
to DHS and DOS resources to adjudicate immigrant petitions, waiting times for U.S.-based prospective
immigrants to receive LPR status wil likely decrease. However, when the suspension ends waiting times
for most LPR adjudications wil likely increase, assuming that DHS and DOS prioritize adjudicating
petitions of those affected by the suspension.
The second proclamation contains provisions that potential y expand the scope of the suspension. It
requires the Secretary of Health and Human Services to advise DOS and DHS on measures to reduc e the
risk that foreign nationals entering the United States increase the spread of COVID-19. It mandates that
the Secretary of Labor consider actions to prevent employment-based immigrants from disadvantaging
U.S. workers. It requires the Secretary of Homeland Security to make ineligible for work authorization
some foreign nationals who have removal orders; are inadmissible or deportable; or have been arrested
for, charged with, or convicted of criminal offenses in the United States.

Author Information

William A. Kandel

Analyst in Immigration Policy

Disclaimer
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