June 25, 2020
COVID-19 RELATED: Suspension of Entry of Immigrants and Nonimmigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery
On June 20, 2020, President Trump has issued a proclamation that suspends the entry of foreign nationals on certain employment-based nonimmigrant visas into the United States. This Proclamation also extends, effective immediately, Presidential Proclamation 10014 issued on April 22, 2020 which suspended the entry of certain immigrants into the United States, such as B1/B2 visitors.
The proclamation takes effect on June 24, 2020 and will remain in effect through December 31, 2020 and may be continued or modified as necessary
THE SUSPENSION APPLIES TO:
Proclamation suspends the issuance of visas for those seeking entry into the United States, specifically individuals that are outside the United States seeking the following work visas:
- H-1B visa and any foreign national accompanying or following to join them;
- H-2B visa and any foreign national accompanying or following to join them;
- J visa, to the extent the foreign national is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any foreign national accompanying or following to join them; and
- L visa, and any foreign national accompanying or following to join them.
- Those outside the U.S. with approval notices, but waiting for a Consulate appointment;
THE SUSPENSION DOES NOT APPLY TO:
- lawful permanent residents;
- Those inside the U.S. in a valid status;
- Those with valid Employment authorization ;
- Those who are within the U.S. in a valid status seeking extension or change of status of their nonimmigrant status;
- Those who are already have a valid H1B, L-1, or J-1 already stamped in their passport;
- Those employees in other categories such as E-2, O or TN;
- spouse or child of a U.S. citizen;
- those who already have an approval notice and a visa stamped in their Passport
- any individual seeking entry to provide temporary labor essential to the U.S. such as food supply chain;
- any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
We recommend that if you are not a green card holder or a U.S. citizen, you and your family members should refrain from travelling abroad to prevent the risk of not being able to reenter the country. We advise that you should seek legal counsel to further understand the implications of the suspension to your particular case.