However, this Proclamation provides exemptions for certain immigration categories, including any alien applying for a visa to the United States under the EB-5 Immigrant Investor Program. This Proclamation may be amended within the first 50 days, upon request of the President in consultation with the Secretary of Homeland Security, and may be renewed after 60 days if deemed appropriate by the President. necessary.
The full statement is as follows:
Section 1. Suspension and restriction of entry. Entry into the United States by aliens as immigrants is suspended and limited under section 2 of this proclamation.
Section 2. Scope of suspension and entry restrictions.
(a) The suspension and restriction of entry under paragraph 1 of this proclamation shall apply only to foreigners:
(i) outside the United States on the effective date of this proclamation.
(ii) does not have a valid immigrant visa on the effective date of this proclamation; and
(iii) have no travel document other than a visa (e.g., shipping letter, entry permit) valid on the effective date of this proclamation or issued on any subsequent date permitting them to travel to the United States and apply for entry.
(b) The suspension and entry restrictions under paragraph 1 of this proclamation shall NOT apply to:
(i) any lawful permanent resident of the United States;
(ii) any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other health care professional; to conduct medical or other research to combat the spread of COVID-19; or to perform work necessary to combat, recover from, or alleviate the effects of the COVID-19 outbreak, as addressed by the Secretary of State, the Secretary of Homeland Security, or other individuals the person designated by them; and any spouse and unmarried children under 21 years of age of any foreign national accompanying or following to join the applicant;
(iii) any alien applying for a visa to the United States under the EB-5 Immigrant Investor Program;
(iv) any alien who is the spouse of a United States citizen;
(v) any alien under the age of 21 and a child of a U.S. citizen, or a potential adopter seeking to enter the United States under IR-4 or IH-4 status;
(vi) any alien whose presence contributes to the furtherance of the executive objectives of the United States, as certified by the Secretary of State, the Secretary of Homeland Security, or other individuals appointed by them, nominated by the Attorney General or his designee;
(vii) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;
(viii) any alien seeking to enter the United States under the Special Immigrant Visa program under SI or SQ status, subject to regulations established by the Secretary of State, and any spouse/ husband and children of any individual; or
(ix) any alien who has contributed positively to the national interests of the United States, as certified by the Secretary of State, the Secretary of Homeland Security, or their designees.
Section 3. Implementation and enforcement.
(a) The consular officer shall determine, in his or her discretion, whether an immigrant has established his or her eligibility for the exception in section 2(b) of this proclamation. The Secretary of State shall make this proclamation applicable to visas subject to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish in powers of the Minister of Foreign Affairs. The Secretary of Homeland Security shall enforce this proclamation as applicable to aliens by specified procedures after the Secretary of Homeland Security, in consultation with the Secretary of State, may establish within the authority of the Minister of National Security.
(b) An alien who fails to comply with this proclamation through fraud, intentional misrepresentation, or illegal entry shall be placed on priority removal by the Department of Homeland Security.
(c) Nothing in this proclamation shall be construed as limiting the ability of individuals to seek asylum, apply for refugee status, receive deferred removal, or protection under the Convention against Torture and Punishment or Cruel, inhumane and degrading treatment, consistent with the laws of the United States.
Section 4. Void. This proclamation will expire 60 days after its effective date and may be renewed as necessary. Whenever appropriate, but not later than 50 days after the effective date of this proclamation, the Secretary of Homeland Security, in consultation with the Secretary of State and the Secretary of Labor, shall The President know whether to continue or amend this proclamation.
Section 5. Effective Date: This statement is effective at 11:59 p.m. on April 23, 2020.
Section 6. Additional solutions. Within 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 the non-designated visa programs. and will propose to the President appropriate solutions to stimulate the US economy, ensuring recruitment priorities and supporting jobs for US workers.
Section 7. Severity. It is the policy of the United States to implement the declaration to the extent possible to advance United States interests. Accordingly:
(a) if any provision of this declaration as applied to any person or circumstance is held to be invalid, the remainder of the declaration and the application of its provisions to any other person or situation will not be affected; and
(b) if any provision of this proclamation as applied to any person or circumstance is invalid for lack of due process of law, the officials of the relevant executive authority will implement those procedures by current laws.
Section 8. General provisions.
(a) Nothing in this statement shall be construed to mitigate or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Department of Administration and Budget related to budgetary, administrative, or legislative proposals.
(b) This Declaration shall be implemented by applicable laws and available regulations.
(c) This Declaration is not intended to, and does not create, any right or interest in, either substantive or procedural, by any party against the United States, its agencies, or its agencies. Agency, organization, officer, employee, or representative of this country.
