Summary of the Presidential Proclamation Suspending Entry of Certain Nonimmigrants

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On June 22 and 29, 2020 the Trump administration amended and expanded its April 22, 2020 Immigration Proclamation. This new order became effective 12:01 A.M. on June 24, 2020 ("Effective Date") and extends to December 31, 2020.

 To review the Proclamation in its entirety, visit:  https://protect-us.mimecast.com/s/ScHHC68VxDT13DZF6CRLU?domain=whitehouse.gov.

 

Below please find a summary of the key points: 

  • The proclamation restricts the entry into the United States of persons in the following non-immigrant visa categories and also applies to their dependent family members:

    • H-1B or H-2B visa holders and their H-4 dependents;

    • J visa holders ONLY in the following categories: intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and their J-2 dependents; and

    • L visa holders and their L-2 dependents.

  • The suspension applies to individuals seeking entry into the United States in the visa categories noted above who:

    • are outside the United States as of the Effective Date;

    • do not already have a valid H-1B, H-2B, H-4, J-1, J-2, L-1, or L-2 visa pursuant to which they seek entry; and,

    • do not have a valid official travel document other than a visa (such as transportation letter, boarding foil, or advance parole document) as of the Effective Date or issued thereafter.

  • The suspension does not apply to:

    • Lawful permanent residents of the United States (green card holders);

    • Any foreign national who is the spouse or unmarried child under 21 of a United States citizen;

    • Foreign nationals seeking entry to the United States to provide temporary labor or services essential to the United States food supply chain;

    • Foreign nationals whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

  • The proclamation directs the Secretary of State, Secretary of Labor and Secretary of Homeland Security to establish standards to determine which foreign nationals meet the criteria of "national interest" exemption above, and specifically includes:

    • Foreign nationals critical to the defense, law enforcement, diplomacy, or national security of the United States;

    • Foreign nationals involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;

    • Foreign nationals involved with the provision of medical research at United States facilities to help the United States combat COVID-19; and,

    • Foreign nationals who are necessary to facilitate the immediate and continued economic recovery of the United States.

  • The proclamation also automatically extends the April 22, 2020 order suspending entry by certain new immigrants until December 31, 2020.  Please refer to our prior summary at:https://protect-us.mimecast.com/s/TN6kC73JyETQPqnFBq6j2?domain=iandoli.com.  

Importantly, the proclamation does not restrict the filing, adjudication, or approval of applications and petitions filed with USCIS.  Therefore, the filing with USCIS of petitions by employers wishing to sponsor H-1B, H-2B, L-1, institutions authorized to issue documents under the J-1 exchange program, individuals seeking to change to or extend these nonimmigrant categories, or those seeking to adjust status are not impacted by this proclamation.

 

Iandoli Desai & Cronin P.C. will continue  update you as we learn more on how the proclamation is being implemented by various agencies, including visa processing at U.S. embassies and consulates.