On June 22, President Trump signed a Presidential Proclamation suspending the entry of some employment-based non-immigrants, effective June 24. Citing the need to protect the economic recovery of the United States in the wake of the COVID-19 pandemic, the Proclamation effectively bars U.S. Consulates from issuing H-1B/H-4, H-2B, some J-1, and L visas through December 31, 2020.
While we are still learning details regarding its application, below is a summary of the Proclamation’s provisions:
- The Proclamation ONLY applies to H-1B, H-2B, J-1 (most categories) and L visa applicants and their dependents.
- The Proclamation ONLY applies to individuals outside of the United States as of June 24 that do not have existing visas in their passports.
- Individuals with a valid visa in their passport as of June 24 will be able to return to the United States after international travel for the validity of the visa.
- B-1/B-2, E, F-1, TN/TD and O-1 visas are not affected by the Proclamation, although U.S. Consulates remain closed worldwide at present for visa issuance services. There is no official date for reopening, though some of our clients have been scheduled for appointments in Mexico for the month of August.
- The Proclamation does NOT apply to non-immigrants currently in the United States. Change of status, extension of status and amendment filings with USCIS will continue to be adjudicated. These filings are often an alternative to obtaining a new visa at a U.S. Consulate.
- The Proclamation does not apply to lawful permanent residents (green card holders); spouses and children of U.S. citizens; and those whose entry would serve the national interest of the United States, as determined by the applicable Consulate (e.g. physicians providing care to hospitalized COVID-19 patients).
- Individuals who hold valid Advance Parole can continue to use it to return from international travel.
- Canadians, who are visa exempt for the H, J and L categories, are not subject to the Proclamation.
- The Proclamation extends the President’s prior order to suspend entry of immigrant visa holders through December 31, 2020.
We will continue to provide updates as they become available.
Kate M. McCarroll has extensive experience in employment-related immigration law, including inbound/outbound immigration, Department of Labor/ Department of Homeland Security audits and I-9 compliance training. Kate has also handled matters involving asylum proceedings, family-based immigration, and criminal and inadmissibility issues.
Miroslava Orduño Rincón has extensive employment-related experience concerning U.S. non-immigrant and immigrant petitions for large international clients. She also processes outbound visitor and work visas, family-based petitions, and naturalization.
Robert S. Anderson counsels and represents clients in the full spectrum of immigration legal issues as applied to their workforce and staff, including all aspects of the international movement of personnel for local, national, and international companies.
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Practice AreasImmigration and Nationality Law