On April 22, 2020, President Trump signed an executive order pertaining to suspension of entry of immigrants into the U.S. during the period of post-COVID-19 recovery. The executive order significantly limits ability of immigrants (i.e., individuals intending to permanently immigrate to the U.S.) to enter this country over the following 60 day period unless they are in possession of a valid immigrant visa or an official travel document (such as an Advance Parole). Importantly, the order does not apply to U.S. permanent residents (Green Card holders), immigrant healthcare workers, immigrant investors, spouses and children (under age 21) of U.S. citizens, foreign nationals whose entry is important to accomplish the U.S. law enforcement objectives, members of the U.S. Armed Forces and their spouses and children, individuals seeking to enter the U.S. pursuant to a Special Immigrant Visa, and any aliens whose entry would be in the national interest. The current order does not affect nonimmigrant workers (e.g., individuals in H-1B, L, E, TN and other nonimmigrant statuses) at this time, although there is an expectation that a subsequent review of nonimmigrant programs would occur and measures affecting nonimmigrants may be recommended within the following 30 day period if the government determines that they are necessary to stimulate the U.S. economic recovery. Also importantly, foreign nationals that are currently in the U.S. and are in the process of Green Card attainment should not be affected by the executive order and should be able to continue pursuing their permanent residence in the U.S., subject to likely delays in immigration processing and adjudications that are related to COVID-19 quarantines and office closures.

For additional information and updates related to COVID-19, please visit Munsch Hardt’s COVID-19 Business Response Team Page.