On June 22, 2020, President Donald Trump signed a “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.” The immigration restrictions put in place in April are further extended until the end of the year and the new proclamation imposes additional and significant restrictions on the ability of foreign nationals to enter the United States. This latest presidential proclamation imposes restrictions on the most widely used non-immigrant work visas, including H-1B, H-2B, J-1, L-1.
The President’s previous Proclamation, issued in April, suspended the entry to the U.S. of immigrants, during the COVID-19 outbreak, for a limited initial 60-day period, which has now been extended through the end of 2020.
The Proclamation halting immigrant visa issuance and the suspension of entry of non-immigrants effected by the order is set to take effect on June 24, 2020 and remains in effect through December 31, 2020, though it will be reviewed every 60 days during its validity to determine if any further changes are needed.
The order specifies that it only applies to individuals seeking entry on one of the nonimmigrant visas listed above, and only those who:
- Are outside of the United States on June 24, 2020;
- Do not have a valid nonimmigrant visa as of June 24, 2020; and
- Do not have other valid travel documentation, such as an advance parole document.
According to the order, there are some exceptions to the ban, such as:
- Lawful permanent residents of the United States
- Spouses/children of U.S. citizens
- Foreign nationals seeking to provide temporary labor or services essential to the U.S. food supply chain
- Foreign nationals whose entry would be in the “national interest” of the United States as determined by the Secretary of State and/or the Secretary of Homeland Security
This alert does not purport to be a substitute for advice of counsel on specific matters. Should you have any questions or concerns, please feel free to contact us, we are here to assist!
