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Trump Proclamation Limits Mostly H-1B and L-1 Visa Holders from Entering the U.S.

As we wrote yesterday, President Trump has issued a Proclamation immediately suspending the entry of some foreign nationals from entry into the U.S.

Who is Affected by the Trump Proclamation?

It is important to note that the Presidential Proclamation does not affect individuals who are currently physically located inside the United States. The Proclamation also does not affect spouses of U.S. citizens overseas, who are being petitioned to come to the United States.

Rather, the Proclamation focuses on suspending entry into the United States of individuals (and their family members) currently overseas and seeking to receive entry to the U.S. or a visa in the following categories:

  • H-1B visa;
  • H-2B visa;
  • 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
  • L visa applicants.

The Proclamation will only apply to an individual identified above if they are:

  • Outside the United States on the effective date of the Proclamation (June 24, 2020);
  • 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 by the Trump Proclamation?

The Proclamation will not apply to the following individuals:

  • U.S. citizens;
  • lawful permanent residents;
  • spouse or child of a U.S. citizen (including those currently overseas who are being petitioned sponsored by their U.S. citizen spouse);
  • 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.

When Does the Trump Proclamation Take Effect and How Long will it Last?

The proclamation takes effect on June 24, 2020 at 12:01 AM EST and will affect individuals not physically present in the United States at that time. It will remain in effect through December 31, 2020.

Some waivers of the travel ban on a case-by-case basis are expected to be authorized. The criteria for such waivers has yet to be announced, and anyone considering applying should seek counsel from an experienced immigration attorney.

The White House also announced that this proclamation also extends Presidential Proclamation 10014 issued on April 22, 2020, which suspended the issuance of employment-based immigrant visas. Further information about Presidential Proclamation 10014 is available in a previous article.

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