President Trump today released details of the suspension of the admission of certain nonimmigrants visa holders to the United States.
We asked the Columbus Consulting Group to take stock. They shared this document in the form of questions and answers. We hope that this will help you better understand this evolving situation.
A presidential proclamation will suspend the entry of new H-1B, L-1, H-2B and certain J-1 nonimmigrants, as well as their spouses and dependents, from 12:01 am entries EDT on June 24 through December 31, 2020, with limited exceptions. The proclamation also immediately extends an existing ban on certain immigrant through the end of this year.
The ban does not affect foreign nationals holding valid U.S. visas or other travel documents, or those already present in the United States as of the effective date of the ban.
- When is the proclamation effective?
This proclamation is effective at 12:01 a.m. eastern daylight time on June 24, 2020.
- When does this proclamation expire?
This proclamation will expire on December 31, 2020, and may be continued as necessary.
- Which visa classifications are affected?
The proclamation affects:
- 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.
- Who exactly is affected?
Only those individuals are affected who seek admission in H-1B, H-2B, H-4, L-1, L-2, J-1 or J-2 status and on June 24:
- Are outside United States;
- Do not have a valid visa in their respective classification;
- And otherwise have no travel 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.
- Who is not affected by this proclamation?
- Individuals who are in possession of a valid H-1B, H-2B, J-1, L-1 visa are allowed to enter the US.
- Individuals with dependent visas such as H-4, L-2 and J-2 are allowed to enter the U.S. if their spouse is already in the US.
- Any foreign national seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain are not affected; (H-2B farm workers primarily); and
- Any foreign national whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees is not affected. This refers primarily to Healthcare Professionals.
- Neither H-4 EAD nor the L-2 EAD is affected by this proclamation
- The proclamation does not affect other visa classifications such as TN, O-1, P, E-1, E-2
- H-1B and L-1 extensions, transfers, amendments, changes of status for people who are already in the US will not be affected.
As a reminder, foreign nationals who are exempt from the new proclamation remain subject to ongoing COVID-19 travel restrictions, which could impede their ability to enter or reenter the United States.
Thank you Isabelle Marcus from Columbus Consulting Group
