Effective Date: The Proclamation takes effect on June 24, 2020 at 12:01 AM ET. It will remain in effect through December 31, 2020 and may be continued or modified as necessary.
Background:
On June 20, 2020, President Trump has issued a proclamation that suspends the entry of foreign nationals on certain employment-based nonimmigrant visas into the United States.
This Proclamation also extends, effective immediately, Presidential Proclamation 10014 issued on April 22, 2020 which suspended the entry of certain immigrants into the United States.
The Proclamation suspends the issuance of visas for those seeking entry pursuant to a(n):
- H-1B visa and any foreign national accompanying or following to join them;
- H-2B visa and any foreign national accompanying or following to join them;
- J visa, to the extent the foreign national is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any foreign national accompanying or following to join them; and
- L visa, and any foreign national accompanying or following to join them.
The Proclamation will only apply to an individual identified above if they are:
- Outside the United States on the effective date of the Proclamation;
- Do not have a nonimmigrant visa that is valid on the effective date of the Proclamation; and
- Do not have an official travel document other than a visa (such as a transportation letter, boarding foil, or advance parole document), valid on the effective date of the Proclamation or issued thereafter permitting the individual to be admitted to the United States.
Exemptions:
The Proclamation will not apply to the following individuals:
- lawful permanent residents;
- spouse or child of a U.S. citizen;
- any individual seeking entry to provide temporary labor essential to the U.S. food supply chain;
- 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.
- Visa Exempt Canadians Are Not Subject to the Proclamation. Canadians entering as H, L or J nonimmigrants are exempt from the Presidential Proclamation issued on June 22, 2020, and effective on June 24, 2020. Guidance has been provided to local CBP ports on this issue.
- Individuals with Valid Visas Prior to Proclamation’s Effective Date Are Not Subject to the Proclamation Regardless of Previous Entry.
For the purposes of determining who is covered under the “national interest” exemption, the Proclamation directs the Secretaries of State, Labor, and Homeland Security to determine standards for those to whom such an exemption would be available, including any individuals who:
- are critical to the defense, law enforcement, diplomacy, or national security of the United States;
- are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;
- are involved with the provision of medical research at U.S. facilities to help the United States combat COVID-19;
- are necessary to facilitate the immediate and continued economic recovery of the United States; or
- are children who would age out of eligibility for a visa because of this proclamation or Proclamation