Anticipated Presidential Proclamation Suspending NIV Entries Signed Today; H-1Bs, L-1s and J-1s Outside the U.S. on June 24 Without Visa Stamp Will be Barred Through End of Year

June 22, 2020

Today, President Trump signed the anticipated Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.

This Proclamation:

• Applies to H-1Bs, H-2Bs, J-1s and L-1s, and related spouses
• Who are outside the U.S. on the effective date
• Who do not possess a valid U.S. nonimmigrant visa
• And do not have an official travel document (such as an advance parole) valid on the effective date or issued after
• Is effective at 12:01 am on June 24, 2020 and goes through December 31, 2020 (could be extended)

Exceptions to this order include:

• U.S. lawful permanent residents
• Spouses and children (under 21) of a U.S. citizen
• Nonimmigrants essential to the U.S. food supply chain
• Nonimmigrants whose entry will be in the national interest

This Proclamation also does not apply to:

• Anyone who is in the U.S. on June 24 (the effective date)
• Anyone outside the U.S. who has a valid visa stamp
• Anyone holding status other than H-1B, H-2B, J-1 or L-1

For now, this Proclamation also has no impact on those in the U.S. seeking extensions, amendments or changes of status. 

In April, President Trump issued a Proclamation which put a temporary stop to the approval at U.S. Consulate Posts of most employment and certain family-based immigrants coming to the U.S.  Today’s Proclamation extends the April Proclamation to December 31, 2020 as well.

Our industry alliance, the American Immigration Lawyers Association, will likely file for injunctive relief to prohibit the government from enforcing this latest Proclamation but it is not certain if that relief will be granted. 

Future Impact on Employment-Based Immigration

Today’s Proclamation directed government agencies to promulgate regulations or take other lawful actions to

• ensure that H-1B nonimmigrants and those seeking EB-2 or EB-3 immigrant visas do not disadvantage U.S. workers
• provide that anyone seeking a visa or admission to the U.S. or other benefits undergo biometrics (including photographs, signatures and fingerprints) (could apply to H-1B and other extensions as “other benefits”)

Therefore, we anticipate the Department of Labor, Department of Homeland Security and Department of State may soon issue regulations impacting various aspects of immigration, including PERM Labor Certification, Labor Condition Applications and the H-1B program.

We will continue to monitor developments and provide updates on our website.

If you have any questions about this latest Proclamation, please contact Weaver Schlenger.