FAQs: US Presidential Proclamation Suspending the Entry of Immigrants and Nonimmigrants Holding Certain Work Visas? (AILA Source)

Q: Which visas are affected with the Presidential Proclamation (June 22, 2020)?
A: The Presidential Proclamation announced on June 22, 2020 extends Proclamation 10014 for certain immigrant visa and includes certain H-1B, H-2B, L, and J visa applications. https://www.whitehouse.gov/presidential-actions/proclamation- suspending-entry-aliens-present-risk-u-s-labor-market-following- coronavirus-outbreak/

Q: I have an approved (H1B, H2B, J, or L) petition and I’m waiting for my interview. What does this mean for me?
A: Suspension of entry applies to “any alien who does not have a nonimmigrant visa that is valid on the effective date of this proclamation.”
https://www.whitehouse.gov/presidential-actions/proclamation- suspending-entry-aliens-present-risk-u-s-labor-market-following- coronavirus-outbreak/

Q: I am already in the United States on a H1B, H2B, J, or L visa. What does this mean for me?
A: The Proclamation is not retroactive. No valid visas will be revoked under this Proclamation. For questions on extension of status, we refer you to the Dept of Homeland Security.

Q: Which J visas are subject to the Proclamation?
A: The Proclamation applies to J visa holders “participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien.”

Q: I have a valid H1B, H2B, L, or J visa and my children/spouse have derivative visas. Can we enter the U.S.?
A: Those with valid visas as of June 24 are not subject to the Proclamation. However, those whose visas expire and apply for a renewal are subject to the proclamation.

Q: I am a physician. Am I exempt?
A: Physicians applying for a J visas are not subject to the proclamation. Physicians seeking to enter the U.S. on an H1B or L visa to provide medical care, or are involved in research related to COVID-19, may be considered for exceptions.

Q: I am in the U.S. on an H1B, H2B, L, or J visa but my visa will expire before December 31. Can I extend my stay?
A: Visa expiration is separate from authorized stay. For questions on extending authorized stay, we refer you to U.S. Citizenship and Immigration Services.

Q: I am in the U.S. on an H1B, H2B, L, or J visa but my visa will expire before December 31. Can I renew my visa?
A: Visa holders already legally in the U.S. do not need to renew their visa to remain. If you depart the U.S., you will need a valid visa to return.

Q: Will this impact Diversity Visa applicants?
A: The DV Program has multiple stages. DV-2021 applicants won’t be interviewed until FY2021. However, the suspension does apply to DV applicants, with certain exceptions. The Proclamation will expire on December 31 unless extended.

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