24 June 2020

President Trump Issues New Presidential Proclamation Suspending Entry for Nonimmigrants Seeking to Enter the U.S. on H-1B, H-2B, L-1, and J-1 Visas and Continuing Proclamation 10014

On June 22, 2020, President Trump issued a “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.” That Proclamation suspends the entry of certain categories of foreign nationals seeking to temporarily enter the United States. Additionally, the Proclamation continues the April 22, 2020 Proclamation suspending entry of foreign national on immigrant visas.

Which nonimmigrant visa classifications are impacted?

The Presidential Proclamation suspends and limits the entry of an individual seeking entry pursuant to any of the following nonimmigrant visas:

  • An H-1B or H-2B visa, and any individual accompanying or following to join such individual;
  • A J visa, to the extent the individual is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any individual accompanying or following to join such individual; and
  • An L visa, and any individual accompanying or following to join such individual.

Who is Subject to the Presidential Proclamation?

The Presidential Proclamation applies to foreign nationals who: (1) are outside the United States on the effective date of the Proclamation; (2) do not have an immigrant visa that is valid on the effective date of the Proclamation; and (3) do 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.

The Proclamation specifically exempts the following individuals from the suspension and limitation on entry:

  • Any lawful permanent resident of the United States;
  • Any individual who is the spouse or child of a United States citizen, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1));
  • Any individual seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
  • Any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

The suspension of the entry of certain nonimmigrants takes effect on June 24, 2020, at 12:01 am (ET). The proclamation shall expire on December 31, 2020, and may be continued.

Miller Johnson is closely monitoring the impact of the Proclamation as future developments occur. Foreign nationals and U.S. employers must reevaluate international travel plans and longer term U.S. immigration options.  Questions about the impact of the Proclamation on individual immigration matters should be directed to a member of the Miller Johnson Immigration Law Practice Group.