President Trump’s Proclamation On Suspension of H-1B And L-1: What You Need to Know

President Trump issued a new Proclamation on 06/22/2020 placing restrictions and limitations on the entry into the United States of foreign nationals in certain nonimmigrant work visa classifications like the H-1B and L-1. Below are some of the key elements of the Proclamation:

1.Entry of a foreign national into the United States pursuant to any of the following nonimmigrant visas is suspended:

a. H-1B, H-2B, and H-4 dependents of H-1B and H-2B visa holders;

b. L-1 and L-2 dependents of L-1 visa holders;

c. J-1 visa the foreign national is coming as an intern, trainee, teacher, camp counselor, au pair, or under a summer work travel program, and J-2 dependents of such J-1 visa holders.

2.The suspension DOES NOT apply to foreign nationals who have a valid visa or an appropriate travel document.
The above suspension on entry is applicable only to foreign nationals who are currently outside the U.S., and do not have a valid H-1B, H-2B, H-4, L-1, L-2, J-1 or J-2 visa stamped in their passport, or an official travel document like an Advance Parole.

3.The above suspension on entry of certain nonimmigrants does not apply to

a. Green Card holders;

b. Spouse or children of a U.S. Citizen;

c. Foreign nationals coming to the U.S. to provide temporary labor or services essential to the U.S. food supply chain;

d. Foreign nationals whose entry is determined to be in the national interest of the U.S. including:

  • those critical to the defense, law enforcement, diplomacy, or national security;
  • those involved with medical care of individuals who have COVID-19 and are hospitalized;
  • those involved with COVID-19 medical research at US institutions
  • those whose activities will facilitate the economic recovery of the US; or
  • children who may age out due to the Proclamation

4.The earlier suspension of entry into the United States of certain immigrants ordered by President Trump via his earlier Proclamation in April 2020 is extended until December 31, 2020. This suspension applies to immigrants who are currently outside the U.S. and do not have a valid immigrant visa stamped in their passport, or a valid official travel documents like an Advance Parole.

The new Proclamation becomes effective starting June 24, 2020, will expire on December 31, 2020, and may be continued as necessary.

If you have any questions regarding the temporary suspension of entry of immigrants and nonimmigrants, or need help filing for an immigration benefit, contact VisaPro Law Firm today. Our experienced immigration attorneys will be happy to assist you.

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