Summary of the April 22, 2020 Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak
President Trump has extended the immigration ban to include certain non-immigrant visa categories. This includes temporary restrictions on H-1B, L-1, and J-1 visas, as well as their spouses and dependents, from 12:01 am EST on June 24, through December 31, 2020, with limited exceptions.
This proclamation also immediately extends an existing ban on certain immigrant entries through the end of this year, which went into effect on April 23, 2020.
Who is subject to the Non-Immigrant ban?
- H-1B and H-2B non-immigrants;
- 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.
Who is Exempt?
- Foreign nationals currently in the United States at 12:01 am EST on June 24, 2020. This includes individuals who are awaiting a change of status (COS) under the Fiscal Year 2021 H-1B cap;
- Foreign nationals holding a valid visa, advance parole or other U.S. travel document on June 24, even if they outside of the U.S.;
- 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.
Forthcoming regulations which will restrict Non-immigrant programs
The proclamation orders the Departments of Homeland Security and Labor to develop regulations to ensure that H-1B non-immigrants and EB-2 and EB-3 immigrants do not disadvantage U.S. workers.
Murray Osorio is closely monitoring the implementation of the presidential proclamation and will provide updates as the Administration issues guidance.
If you have been affected by this decision, we recommend you contact us to discuss your specific circumstances. Please also contact us before traveling outside the United States.