Presidential Proclamation Suspending Entry on Certain H, J, L Visas
President Trump issued a proclamation on June 20, 2020 to suspend the entry of foreign nationals and their derivatives on H-1b, H-2b, certain J visa, and L visa into the United States. The proclamation takes effect on June 24, 2020 at 12:01 AM ET and will remain in effect through December 31, 2020. It may be continued or modified as necessary.
Who is affected by the Proclamation:
- H-1B visa and any foreign national accompanying or following to join them;
- H-2B visa and any foreign national accompanying or following to join them;
- J visa, to the extent the foreign national is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any foreign national accompanying or following to join them; and
- L visa, and any foreign national accompanying or following to join them.
The Proclamation will only apply to an individual identified above if they are:
- Outside the United States on the effective date of the Proclamation;
- Do not have a nonimmigrant visa that is valid on the effective date of the Proclamation; and
- Do not have an official travel document other than a visa (such as a transportation letter, boarding foil, or advance parole document), valid on the effective date of the Proclamation or issued thereafter permitting the individual to be admitted to the United States.
Who is NOT affected:
- Anyone in the United States on June 24, 2020
- Anyone with a valid visa stamp in their passport on June 24, 2020
- Anyone with a valid travel document on June 24, 2020
- Lawful permanent residents;
- Spouse or child of a U.S. citizen;
- Any individual seeking entry to provide temporary labor essential to the U.S. food supply chain;
- Any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, including those who 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 U.S. facilities to help the United States combat COVID-19; or are necessary to facilitate the immediate and continued economic recovery of the United States
- Children who would age out of eligibility for a visa because of this proclamation or Proclamation 10014; and
- Canadian nationals.
This Proclamation also extends, effective immediately, Presidential Proclamation 10014 issued on April 22, 2020, which suspended the entry of certain immigrants into the United States.
The Proclamation can be found here:
Presidential Proclamation 10014
Proclamation 10014 effective April 23, 2020 at 11:59 PM (ET) suspends the entry of any individual seeking to enter the U.S. as an immigrant who, on the effective date:
? Is outside the United States;
? Does not have a valid immigrant visa; and
? Does not have a valid official travel document or permits for travel to the United States to seek entry or admission.
Subject to the discretion and determination of the consular officer, the following categories are exempted from the Proclamation:
- Lawful permanent residents (LPR)
- Individuals and their spouses or children seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional to perform work essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak (as determined by the Secretaries of State and Department of Homeland Security (DHS), or their respective designees)
- Individuals applying for a visa to enter the U.S. pursuant to the EB-5 immigrant investor visa program
- Spouses of U.S. citizens
- Children of U.S. citizens under the age of 21 and prospective adoptees seeking to enter on an IR-4 or IH-4 visa
- Individuals who would further important U.S. law enforcement objectives (as determined by the Secretaries of DHS and State based on the recommendation of the Attorney General (AG), or their respective designees)
- Members of the U.S. Armed Forces and their spouses and children
- Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification)
- Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees).
The Proclamation can be found here:
If you have any questions regarding the Presidential Proclamations and whether they impact your current status or future visa application, please do not hesitate to contact our office.