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Suspension of H-1B Visas and New Green Cards

Suspension of H-1B Visas and New Green Cards

On June 22, 2020, President Donald Trump signed a executive proclamation titled, “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following Outbreak.” This is an extension of the executive order signed on April 23, 2020, which we previously wrote about. Like before, we want to take this time to discuss who this does and does not affect.

This extension goes into effect on June 24, 2020 and is set to expire on December 31, 2020. The proclamation states that within 30 days of June 24, the Secretary of Homeland Security, Secretary of State, and the Secretary of Labor will make recommendations for any necessary modifications to the proclamation. After that initial 30-day period, those same offices will make recommendations every 60 days until the proclamation expires.

Like the initial proclamation, this one suspends the entry into the United States of anyone seeking to enter under certain nonimmigrant visas.

Who IS affected by the proclamation?

  • Individuals seeking entry to the US with H-1B or H-2B visas and anyone accompanying these individuals
  • Anyone seeking entry under a J visa in the following categories: Intern, Trainee, Teacher, Camp Counselor, Au Pair, or Summer Work, and anyone accompanying these individuals
  • Anyone seeking entry under an L (L-1A or L-1B) visa and anyone accompanying these individuals
  • Any individual who meets the following categories:
    1. Was not in the United States at the time the proclamation went into effect;
    2. Does not have a nonimmigrant visa that is valid on the effective date of the proclamation; and
    3. Does not have any other official travel document other than a visa (such as an advance parole document) that was valid on the date the proclamation went into effect or was issued afterward.

Who is NOT affected by the proclamation?

  • Importantly, individuals who are already in the United States are NOT affected by this proclamation. This includes H-1B holders, and those applying for H-1B status from within the United States.
  • F-1 (student visa) or J-1 students or the J Research Scholar, Short Term Scholar, Student, and Specialist categories. [1]
  • Any lawful permanent resident of the United States
  • Spouses or children of US citizens
  • Individuals seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain (notably through an H-2A visa); and,
  • Individuals whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

What Can You Do if Affected?

These continuing limitations on immigration in light of the COVID-19 pandemic can be stressful for a lot of people. If you need dedicated support and guidance through this uncertainty, you can count on Yekrangi & Associates. Contact an Irvine immigration lawyer serving throughout Orange County today!

To schedule your consultation via phone, email, or video chat, call (949) 478-4963 or fill out our online contact form today.

 

[1] Notably, the Optional Practical Training (OPT) Program, which allows F-1 Students to temporarily work for up to 12 months after completing their studies, is still intact. It was previously reported that this program would also be ended by this proclamation, but it was not. We will keep an eye on future proclamations to see how the program may be affected.

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