Presidential Proclamation – June 23, 2020 – URGENT

As you may have heard, President Trump has signed a Proclamation that may directly impact workers in the US.  Below is a visual summary to help you assess whether you are impacted.

Impacted by President Trump’s June 22, 2020 Proclamation [Effective June 24, 2020 – December 31, 2020]

Visa TypeLocation US Visa StampImpact
H1B Visa*Outside of the USNo H1B Visa StampCannot enter the US
H4 VisaOutside of the USNo H4 Visa StampCannot enter the US
L1, L2 VisaOutside of the USNo L Visa StampCannot enter the US
H2B VisaOutside of the USNo H2B Visa StampCannot enter the US
J1 Visa **Outside of the USNo J1 Visa StampCannot enter the US
Immigrant VisaInside OR Outside of the USNo Immigrant VisaWill not be issued Immigrant Visa

* Includes H1B Cap Applicants who filed Consular processing and/or are currently outside of the U.S.

** ONLY those participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program ARE impacted

NOT impacted by President Trump’s June 22, 2020 Proclamation [Effective June 24, 2020 – December 31, 2020]

Visa TypeLocationUS Visa StampImpact
H1B VisaOutside of the USHas Valid Visa StampNo Impact
H1B VisaInside the USHas Valid I797 and I94No Impact
H4 VisaOutside of the USHas Valid Visa StampNo Impact
H4 VisaInside the USHas Valid I797 and I94No Impact
H4 EADInside the USHas Valid EADNo Impact
L1, L2 VisaOutside of the USHas Valid Visa StampNo Impact
L1, L2 VisaInside the USHas Valid I797 and I94No Impact
L2 EADInside the USHas Valid EADNo Impact
H2B VisaOutside of the USHas Valid Visa StampNo Impact
H2B VisaInside the USHas Valid Approval and I94No Impact
J1 VisaOutside of the USHas Valid Visa StampNo Impact
J1 VisaInside the USValid Status DocumentsNo Impact
Immigrant VisaInside OR Outside of the USHas Valid Immigrant VisaNo Impact

Notes:

  • If currently outside of the U.S. with a valid visa, it is our recommendation that you return the U.S. as soon as possible. You can always renew your nonimmigrant status from within the U.S., but you will not be able to obtain a visa stamp if outside of the U.S.

 

  • Canadians appear to be exempt because they do not apply for visas; however, the language is ambiguous – we are monitoring this as it unfolds with U.S. Customs and Border Protection

 

  • Individuals currently in the U.S. in valid status, please ensure that your I94 remains valid at all times. If your status is nearing its expiration date, please consult with your attorney so the renewal can be timely filed to ensure you remain in valid status, this includes those in dependent status, as applicable.

 

  • If not specifically mentioned, those entering the US in any other status should not be directly impacted by this Proclamation (B1/B2, TN, O1, E3, H1B1, E1, E2, F1/F2, OPT/STEM OPT, etc.)

Exemptions:  The order does not apply to people in the following four (4) groups:

  1. Lawful Permanent Residents
  2. Spouses or children of US citizens
  3. Anyone seeking entry to provide labor essential to the US food supply
  4. Anyone whose entry would be in the national interest, including individuals 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 United States facilities to help the United States combat COVID-19; or are necessary to facilitate the immediate and continued economic recovery of the United States.

As always, we are here to support you with any immigration needs throughout these trying times.  Please feel free to contact us to discuss any questions or concerns.

Link to official proclamation: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

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