What We Are Hearing About the Expansion of Presidential Proclamation 10014

Since the April 22, 2020, announcement of Presidential Proclamation 10014, “Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak” (85 FR 23441, 4/27/20), we have all been waiting for the other shoe to drop. That proclamation threatens not only the extension of the existing proclamation within 60 days, but also the expansion to nonimmigrant visas. We have been working hard to understand what may be included in any possible expansion. Here’s what we know so far, but this is all still in flux and is subject to change until the Proclamation is issued.  We will continue to monitor and provide updates as appropriate.

Timing

  • The President may be deciding on the scope and timing of the proclamation as early as June 12, 2020.
  • The proclamation could be issued as soon as June 15, 2020, and i s anticipated to be issued by the end of June.
  • The proclamation could be in effect for as long as 90 to 180 days.

Possible Substance

  • Executive Order barring entry to the U.S. for H-1B, H-2B, L-1 and J-1 visas for a temporary period pursuant to INA 212(f) and 215(a).
  • It would likely impact FY 2021 H-1B cap-subject cases with October 1, 2020, start dates.
  • No consensus on what will happen for L-1 visas, but there could be an exemption for the L-1A visa category (intracompany transferee executives and managers).
  • It is not clear which of the J-1 subcategories would be impacted, but likely an impact to the Summer Work Travel (SWT) program, camp counselor, intern and trainee programs.
  • Proclamation will announce a temporary ban on the entry of nonimmigrant workers, but will likely NOT announce or describe other substantive policy changes which are expected to follow in regulatory proposals.
  • Proclamation will include exceptions, such as: possible COVID-19 related exemptions, such as for health care workers, Food supply related exemptions and U.S. employers who conduct additional recruitment efforts.

Possible Subsequent Regulations

Potential rule-making in the works as early as July on H-1B, OPT, and H-4, such as rescission of the STEM OPT regulation and add requirements to the 12-month Optional Practical Training (OPT) program and Strengthening the H-1B Non-Immigrant Visa Classification Program regulation; rescission of H-4 Employment Authorization Rule and possible rescission of employment authorization for asylees, refugees, and temporary protected status (TPS) holders.

Despite how uncertain this moment feels, we understand this may affect a great number of immigrants and we stand together with you to defend your rights.