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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On April 22, 2020, President Donald Trump signed a proclamation, Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak, which restricts certain categories of immigrants from entering the United States for 60 days. Below is a summary of the proclamation and an analysis of possible additional changes to come.

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The proclamation will become effective at 11:59 p.m. on April 23, 2020. It will remain in place for 60 days and may be continued as necessary. Within 50 days, the secretary of the Department of Homeland Security (DHS) shall recommend to the president whether the proclamation should continue or be modified. Additionally, Trump has called for the secretary of Labor and the secretary of Homeland Security, in consultation with the secretary of State, to review temporary visa programs and recommend other measures appropriate to stimulate the U.S. economy and ensure the prioritization, hiring and&nbsp;employment of U.S. workers.

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The proclamation suspends the entry of any individual seeking to enter the United States as a permanent resident who:

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The proclamation carves out exceptions for certain workers, such as medical professionals and other essential employees. The list of individuals exempted from the proclamation is long:

The proclamation expressly states that it does not limit the ability of individuals to apply for asylum, refugee status, withholding of removal or protection under the Convention Against Torture.

The distinction between foreign nationals who are outside the United States at the time of the proclamation and those who are in the country seeking to change their immigration status is important. Only those currently outside the United States are within scope. Because of this limitation on the scope, the proclamation does not materially change the current limitations; U.S. consulates have already suspended visa processing.

Possible Changes the President Will Later Consider

The proclamation is a telling preview of possible, future changes Trump may seek. He expressed the following positions within the proclamation:

And with those views as the context, Trump is calling for recommendations on measures to stimulate the U.S. economy and ensure “the prioritization, hiring and employment” of U.S. workers. Many questions remain unanswered: Might H-1B applications be delayed in processing? Might testing of the U.S. labor market have to occur multiple times during certain employment-based green card petitions? Might work authorization granted to H-4 spouses be eliminated?

Proactive Steps Employers Can Consider to Best Support Current Foreign National Talent

Although permanent residents are exempt from this proclamation, employers who have U.S. permanent residents on assignment outside the United States should monitor validity of the documents those permanent residents have to support admission to the United States as a permanent resident (Do they have a valid re-entry permit? Can they rely on their permanent resident card or is that not a valid travel document based on extended absence from the United States?).

Contact your Thompson Hine Immigration counsel to discuss any questions about this proclamation or other immigration issues impacting your workforce:

Sarah C. Flannery 216.566.5718 <a href="mailto:Sarah.Flannery@ThompsonHine.com">Sarah.Flannery@ThompsonHine.com</a>

Staci M. Jenkins 513.352.6734 <a href="mailto:Staci.Jenkins@ThompsonHine.com">Staci.Jenkins@ThompsonHine.com</a>

Thompson Hine’s multidisciplinary COVID-19 Task Force is monitoring the latest developments and guidance from public health officials and assessing the potential impacts on our clients and their businesses. The <a href="https://www.thompsonhine.com/services/covid-19-task-force" target="_blank" rel="noopener">COVID-19 Task Force page</a> on our website provides a centralized location for recent publications, webinar recordings and resources that you may find helpful.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2022/04/Immigration_Update_-_Presidential_Proclamation_Extends_Green_Card_Limitations_and_Reduces_Temporary_Visas-1.pdf

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