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Presidential Proclamation Suspends Some Non-Immigrants from Entering the US Until December 31

By June 23, 2020March 19th, 2021H-1B and E-3 Visa, Immigration, L-1 Visa
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The Trump Administration has signed an Executive Order that will extend the April 2020 suspension of some immigrant visas until December 31. To learn more about the April 2020 suspension, please click here.

This new Executive Order suspends 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 nonimmigrants;
  • 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-1, E-2, E-3, or TN visas, are not impacted by this order.

The following categories of foreign nationals are exempt from to the entry ban:

  • Foreign nationals present in the United States at 12:01am EDT on June 24, 2020.  This includes those in the United States awaiting a change of status under the FY 2021 H-1B cap;
  • Foreign nationals holding a valid visa, advance parole or other U.S. travel document on June 24, even if they are outside the United States when the ban takes effect;
  • S. lawful permanent residents;
  • The spouse or child of a U.S. citizen;
  • J-1 exchange program participants other than interns, trainees, teachers, camp counselors, au pairs and summer work travel participants; and
  • Foreign nationals entering to provide temporary labor or services essential to the U.S. food supply chain.

In short, the impact of this proclamation is narrow and given Consulates are closed with no set open date, the Proclamation will have little impact. Even with this though, most legal experts suggest that the Proclamation is likely to face legal challenges also.

For more information on the requirements of the H1B visa, please click here. To learn more about L visas, please click here.

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