White House Proclamation Extends, as well as Expands on Previous Visa Suspensions by Including Certain Nonimmigrants

Link: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/

Pasricha & Patel

The Trump administration has signed a new presidential proclamation that not only extends the temporary suspension of entry of certain types of immigrants to the U.S. until December 31, 2020, but this latest executive order expands on the previous immigrant visa issuance restrictions that were announced on April 22, 2020.

The new proclamation temporarily suspends the entry of certain types of immigrants to the U.S. until December 31, 2020 (with possibility of extension of this order beyond that date).

Those particular visa applicants who are now banned from entry into the U.S. include:

An H-1B or H-2B visa, and any individual accompanying or following to join such individual;
A J visa, to the extent the individual is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any individual accompanying or following to join such individual; and
An L visa, and any individual accompanying or following to join such individual.

The proclamation shall apply only to any individual who:

is outside the United States on the effective date of this proclamation;
does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

It should be noted that this temporary ban does NOT impact the filing or processing of applications for change of status & extension of stay petitions for H-1B and/or L-1 workers who are already present here in the U.S. So, applicants who are eligible for, and wish to file for non-immigrant petitions here in the U.S. can continue to submit their petitions to the USCIS.

The following groups are EXEMPTED from this temporary ban:

Lawful Permanent Residents;
Any individual who is the spouse or child of a U.S. citizen;
Any individual seeking to enter the U.S. to provide temporary laboror services essential to the U.S. food supply chain;
And any individual whose entry would be in the national interest asdetermined by the Secretary of State, the Secretary of Homeland Security,or their respective designees.

This proclamation takes effect immediately, and it will last until December 31, 2020, and it may be continued beyond that date.

Due to the ever changing circumstances of current events, we do encourage readers to continue to watch this space for any further developments and should readers have any questions or concerns about this proclamation or any immigration questions in general, please do not hesitate to contact our office to schedule consultation and we can discuss matters further.