Urgent Update: Presidential Proclamation Banning Non-Immigrant Entries Expected Soon

June 10, 2020

In April, President Trump issued a Proclamation which put a temporary stop to the approval of most employment and certain family-based immigrants coming to the U.S., ostensibly due to the economic hardship caused by the COVID-19 pandemic. 

In a widely circulated rumor, it appears the President is preparing to issue another Proclamation which will ban the return to the U.S. of anyone holding non-immigrant work visas (H-1B, L-1, for example) for up to 180 days. Details and specifics are uncertain at this time, and normally Weaver Schlenger would refrain from reporting until we can read and analyze the actual Proclamation or proposed regulations, but given the dire potential consequences of this impending Proclamation we are making an exception.

We are also advising anyone who possesses a valid employment-based non-immigrant visa stamp (H-1B, L-1, etc.) to return to the U.S. (if able to) as soon as possible, or be prepared to remain outside the U.S. for an indefinite period of time. Likewise, we reiterate our previous advice that all non-immigrant employees should refrain from international travel at this time, as their timely return to the U.S cannot be guaranteed. As noted previously, individuals traveling from certain areas, including China, Iran, the UK, the Schengen countries and Brazil, may not be able to enter the U.S. at this time due to previous restrictions.

During this time when most counties have Shelter in Place ordinances still in effect, we know that U.S. employers may not know if their employees are “working from home” within the U.S., or outside the U.S. We strongly encourage employers to share this information about the anticipated new Proclamation with all their non-immigrant employees (H-1B, L-1, etc.) now.

While a Proclamation of this nature will likely be immediately challenged in federal court, we anticipate it will go into effect within days of its publication, if not immediately.

If you have any questions on this update, please contact Weaver Schlenger. We will continue to post updates to our website.