President Trump issued an executive order on June 22, 2020, suspending the entry of foreign nationals in relation to employment-based nonimmigrant visas into the United States in the following categories of H-1B, H-2B, L-1, and J visas. This proclamation suspends visa issuance to the abovementioned categories and prevents entry of the following through the date December 31, 2020.

The Secretary of Homeland Security, in consultation with the Secretaries of Labor and State will make a determination as to any need to modify the Proclamation’s effective date, and every 60 days after while in effect.

Individuals who are outside the United States and who currently do not possess a valid visa (H-1B, H-2B, L-1, or J-1) as of June 22, 2020, will not be permitted to obtain a visa at a US consulate and enter the US. Individuals on other status governed by advance parole or transportation letters who don’t have a valid travel document as of the respective date of the proclamation are further prohibited from entering the U.S. Any individuals whose H-1B visas have been filed under the H-1B lottery but are in the U.S. are not affected or individuals who have received a change of status to the abovementioned visas for the first time in the U.S. are not affected by the Proclamation.

Exemptions – The Proclamation does not apply to the following individuals:
• lawful permanent residents;
• spouse or child of a U.S. citizen;
• individuals providing 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 who are critical to the defense, law enforcement, diplomacy, or national security of the U.S; those involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized; those who are involved with medical research at U.S. facilities to help the United States combat COVID-19; individuals necessary to facilitate the immediate and continued economic recovery of the United States; are children who would age out of eligibility for a visa due to Proclamation 10014.

Related Blogs: https://emandilaw.com/president-trump-talks-about-suspending-h-1b-and-other-visas/

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