In H-1B, Trump Administration

On June 22, President Trump issued a proclamation that suspends the entry of certain nonimmigrants into the United States. The order took effect on June 24, 2020 and will last until December 31, 2020, unless extended further. Nonimmigrant visa categories that will be affected by this ban include: H-1B, H-2B, J (for individuals participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program) and L visas, along with their spouses and children.

This news come as a shock to most and has really caused great concern for US companies and people who are either nonimmigrant visa holders or are in the process of applying for these specific visas. Here’s what you need to know about Trump’s executive order:

  • This order DOES NOT affect individuals in the United States already on one of these visas or are in the process of changing status to one of these visas;
  • This order DOES NOT restrict entry or re-entry of individuals who already have one of these visas in their passports that was issued prior to June 24, 2020;
  • This order WILL NOT revoke valid visas that have already been issued prior to June 24, 2020;
  • US companies and individuals can still submit their petitions/applications for processing. Adjudication of those submitted will continue as normal, but if an approval notice is granted individuals outside the US or traveling outside the United States will not be able to enter the United States unless the visa was issued prior to June 24, 2020;
  • Canadians are EXCLUDED from this proclamation;
  • Individuals seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain are EXCLUDED
  • There are other EXCLUSIONS for individuals that are to be admitted in the national interest of the United States, but they are to be granted at the discretion of the Secretary of State, Secretary of Labor and Department of Homeland Security. These are some of the individuals that could likely be excluded;
    • Individuals that are critical to the defense, law enforcement, diplomacy, or national security of the United States; are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized; are involved with the provision of medical research at United States facilities to help the United States combat COVID-19; or are necessary to facilitate the immediate and continued economic recovery of the United States.

Our office will continue to provide you with the latest immigration news as it develops. Please make sure to check out the rest of our blogs HERE and subscribe to us on YouTube where Andrea posts about various immigration topics on a weekly basis.

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