The June 22nd Trump Proclamation

On June 22, 2020, President Trump signed an executive order that will suspend the entry of foreign nationals in the H-1B, L-1, H-2B, J-1 categories. The nonimmigrant ban will be in place through December 31, 2020 unless overturned earlier in a court of law or by a new administration after the November elections.

In addition, the proclamation extends the existing ban on certain immigrant entries through December 31, 2020, effective immediately. 

The proclamation and future regulatory actions are likely to be challenged in court.

It is very important to note that certain business non-immigrant visas are still available.  The TN, E-1 E-2, E-3, O-1, P-1 and P-3 nonimmigrant worker visas remain unaffected. 

Who Does The Current Ban Affect?

The proclamation  restricts the entry of the following categories of nonimmigrants, if they are outside the United States as of June 24 and do not hold a valid visa, advance parole or other U.S. travel document:

• H-1B and H-2B nonimmigrants;
• L-1A executives and managers;
• L-1B specialized knowledge workers;
• J-1 interns, trainees, teachers, camp counselors, au pairs and Summer Work Travel participants; and
• Their dependent spouses and children.

The impact on Canadian nationals seeking admission in these categories – who are not required to obtain a visa to enter the United States – is not yet clear.

Are There Any Waivers or Exemptions

The following categories of foreign nationals are exempt from to the entry ban:

• Foreign nationals currently  present in the United States.  This includes those in the United States awaiting a change of status under the FY 2021 H-1B cap;
• Foreign nationals holding a valid visa, advance parole or other U.S. travel document on June 24, even if they are outside the United States when the ban takes effect;
• U.S. lawful permanent residents;
• The spouse or child of a U.S. citizen;
• J-1  exchange program participants other than interns, trainees, teachers, camp counselors, au pairs and summer work travel participants; and
• Foreign nationals entering to provide temporary labor or services essential to the U.S. food supply chain.

The proclamation also provides for discretionary waivers of the restrictions for foreign nationals whose entry would be in the U.S. national interest, including those who are necessary to facilitate the immediate and continued economic recovery of the United States, those involved with clinical care or  research related to the diagnosis, treatment and prevention of COVID-19, and those who are critical to the defense, law enforcement, diplomacy or national security of the United States.

Extension of the Immigrant Entry Ban

The proclamation extends through December 31 an earlier ban on immigrant entry, which was set to expire on June 22, 2020. U.S. consulates will not issue employment-based, family-based or Diversity Lottery immigrant visas during this period, with limited exceptions for U.S. lawful permanent residents;  spouses of U.S. citizens; children under 21 of U.S. citizens and prospective adoptees in the IR-4 or IH-4 visa classifications; foreign nationals seeking to enter on an immigrant visa as a healthcare professional, as well as their spouse and unmarried children under 21; applicants for EB-5 immigrant visas; and those whose entry would be in the U.S. national interest.

The proclamation means that many foreign nationals with plans to enter the United States to begin work in H-1B, H-2B, L-1 or J-1 status, as well as their accompanying or joining dependents, may be unable to do so until the ban expires, unless they are sponsored for and obtain a waiver of the entry restrictions, or unless the ban is challenged in a court of law.

Our office is closely monitoring the situation.

For further information or questions you may have, please do not hesitate to contact The Law Offices of Michael H. Markovitch.