Trump Executive Order Suspends Nonimmigrant Visa (H-1B, L-1, J-1) Entry
to U.S. Until December 31, 2020
Extends Blockage on Issuance of Greencards
Does Not Apply to Those with Valid Visas or Currently in the U.S.
President Donald Trump issued an Executive Order (EO), to be effective
starting on June 24, 2020 and continuing to at least December 31, 2020
(unless curtailed or extended), banning the Entry to the United States
of individuals coming in on:
- H-1B (and Dependent) Visas; H-2B visas; L-1 visas and J-1 visas.
The EO also extends the pause on issuance of Greencards until the end of the year.
This ban does not apply to those currently in the United States or those
with a valid visa as of June 24, 2020.
The language used in the proclamation is unclear and poorly written. The
way the proclamation is written states that the ban will only apply to
“any alien who:
(i) is outside the United States on the effective date of this proclamation;
(ii) does not have a nonimmigrant visa that is valid on the effective date
of this proclamation; and
(iii) does not have an official travel document other than a visa (such
as a transportation letter, an appropriate boarding foil, or an advance
parole document) that is valid on the effective date of this proclamation
or issued on any date thereafter that permits him or her to travel to
the United States and seek entry or admission.”
Therefore, it would seem that those present in the United States or those
with a valid visa issued on or before June 24, 2020 will be exempted.
This would also in theory mean that those who are in the United States
legally on or before June 24, 2020 would not have the ban apply to them
and that they would be able to have their visas renewed at a U.S. Consulate
abroad and return to the United States. It is uncertain whether the actual
implementation of the proclamation will have a harsher interpretation
of the EO.
The proclamation also directs the Secretary of Labor, with support from
the Secretary of Homeland Security, to come up with additional measures
to protect U.S. Workers. It is anticipated that there will be additional
regulatory measures in the near future to restrict immigration further.
We are monitoring this situation closely and will update our clients as
soon as we know more. Please contact USILAW with any questions. You may
reach us via email at email@example.com.