Does the new Proclamation apply to Canadians? Can a Canadian get an H-1B or L-1 visa? Can a Canadian get a TN visa?

By June 26, 2020October 19th, 2020H-1B and E-3 Visa, Immigration, L-1 Visa, TN Visa

On Monday June 22, The Trump Administration signed an Executive Order suspending the entry of some H-1B, H-4, H-2B, J, and L visa holders, with some exceptions. Starting on 12:01 am EST on June 24 and lasting until December 31, the following visa holders who are outside of the United States and do not hold a valid visa or a valid travel document, will not be granted entry into the country.

  • H-1B and H-2B nonimmigants;
  • 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.

Non-immigrant visa categories not listed above, including the E-1E-2E-3, or TN visas, are not impacted by this order. For more information on the requirements of the H-1B visa, please click here. To learn more about L visas, please click here.

For a Q & A regarding the proclamation, please click here.

The Executive Order’s impact on Canadians are different from other countries. Canadians are visa exempt and therefore do not need to apply for a visa in order to enter the United States.

Does the new proclamation apply to Canadians?

No. CBP has confirmed that Canadians entering as H, L, or J nonimmigrants are exempt from the Executive Order.

Does this mean that Canadians can still get new H-1B, L, J visas?

Yes, Canadians can still apply for and get new H, L, and J visas. Canadians that have been selected in the FY 2021 H-1B cap can submit their applications.

Can a Canadian get a TN visa?

Yes, however there are complication. On March 21, U.S., Canada, and Mexico announced that the land borders between the three countries will close to non-essential travel. The initial closure was to last through April 20 and has now been extended to June 22. Every port of entry is operating under different procedures right now. It is strongly recommended that you call a port of entry before travelling and speak to officers about their current procedures. You can find contact information on all of the pre-clearance ports in Canada here. For more information about applying for TN visas during the pandemic, please click here.

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