On April 20, Trump fired off a Tweet stating he was shutting down immigration to the United States. On April 22, the exact contours of this program were revealed in a Proclamation suspending entry to the United States to immigrants only for 60 days. Currently, it does not affect nonimmigrants, or certain exceptions discussed below.

Exceptions to the Proclamation: Current green card holders; physicians, nurses, and other medical workers fighting COVID-19; EB-5 investors; spouses and children under 21 of U.S. citizens; and those whose entrance are in the national interest of the U.S. The Proclamation does not affect those seeing asylum, and there are other special carve outs for those in the military, certain special immigrants, and those protected under the Convention Against Torture.

Will this affect my H-1B visa?

No, nonimmigrant visa holders will not be affected, including TN, L-1, and other common visa types. However, within 30 days, the Secretaries of Labor, Homeland Security, and State, shall make recommendations on nonimmigrant programs.

Will USCIS adjudicate a pending petition or may I file a new one?

There is nothing in the Proclamation to indicate USCIS will not adjudicate petitions for immigration benefits. Much like prior travel bans, USCIS will still approve visa petitions, but when it goes to the consular processing stage no visa will be issued.

Can my foreign spouse still enter the United States?

There is an exception for foreign spouses of U.S. citizens, but foreign spouses of lawful permanent residents may not be permitted to enter. Furthermore, there is no indication that those seeking to enter on a K visa will be affected.

Can I still apply for a green card from within the United States?

Yes, the ban only affects those outside of the U.S. after 11:59 p.m. eastern daylight time on April 23, 2020. Individuals in the country should still be able to file Form I-485, Adjustment of Status to apply for a green card.

What is the national interest?

This is a vague term that may be better defined once consulates begin to operate again. National interest determinations are made on a case-by-case basis and this may play out similar to travel ban waivers, in which there is no official form and the officer has discretion to admit individuals.

Stay tuned to this post for further updates.