Presidential Proclamation Suspending H-1B and Other Visas That Allow Foreigners to Work in the U.S.

Summary

On June 22, 2020, President Trump signed an executive order barring the entry of immigrant workers on a slate of employment-based visas until at least December 31, 2020. President Trump issued this order in response to the COVID-19 pandemic—claiming that foreign workers pose a ‘threat’ to the current, volatile job market.

Which Visas are Suspended?

H-1B or H-2B visas, J visas (to the extent the Noncitizen is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program), and L visas are all suspended beginning June 24, 2020, until at least December 31, 2020. Furthermore, entry is suspended for any Noncitizen accompanying or following to join a Noncitizen on any of the aforementioned visas.

Whose Entry is Suspended?

-Noncitizens who are outside the United States on or after June 24, 2020;
-Noncitizens who do not have a nonimmigrant visa that is valid on or after June 24, 2020;
-Noncitizens who 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 or after June 24, 2020, or any date thereafter.

Who is Exempt?

The suspension does not apply to LPRs, any Noncitizen who is the spouse or child of a U.S. citizen, Noncitizens seeking to provide temporary labor essential to the U.S. food supply chain, and any Noncitizen whose entry would be in the national interest (as determined by DHS and Secretary of State).