Presidential Proclamation – June 23, 2020 – URGENT

As you may have heard, President Trump has signed a Proclamation that may directly impact workers in the US.  Below is a visual summary to help you assess whether you are impacted. Impacted by President Trump’s June 22, 2020 Proclamation [Effective June 24, 2020 – December 31, 2020]

Visa Type

Location

US Visa Stamp

Impact

H1B Visa*

Outside of the US

No H1B Visa Stamp

Cannot enter the US

H4 Visa

Outside of the US

No H4 Visa Stamp

Cannot enter the US

L1, L2 Visa

Outside of the US

No L Visa Stamp

Cannot enter the US

H2B Visa

Outside of the US

No H2B Visa Stamp

Cannot enter the US

J1 Visa **

Outside of the US

No J1 Visa Stamp

Cannot enter the US

Immigrant Visa

Inside OR Outside of the US

No Immigrant Visa

Will not be issued Immigrant Visa

* Includes H1B Cap Applicants who filed Consular processing and/or are currently outside of the U.S. ** ONLY those participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program ARE impacted NOT impacted by President Trump’s June 22, 2020 Proclamation [Effective June 24, 2020 – December 31, 2020]

Visa Type

Location

US Visa Stamp

Impact

H1B Visa

Outside of the US

Has Valid Visa Stamp

No Impact

H1B Visa

Inside the US

Has Valid I797 and I94

No Impact

H4 Visa

Outside of the US

Has Valid Visa Stamp

No Impact

H4 Visa

Inside the US

Has Valid I797 and I94

No Impact

H4 EAD

Inside the US

Has Valid EAD

No Impact

L1, L2 Visa

Outside of the US

Has Valid Visa Stamp

No Impact

L1, L2 Visa

Inside the US

Has Valid I797 and I94

No Impact

L2 EAD

Inside the US

Has Valid EAD

No Impact

H2B Visa

Outside of the US

Has Valid Visa Stamp

No Impact

H2B Visa

Inside the US

Has Valid Approval and I94

No Impact

J1 Visa

Outside of the US

Has Valid Visa Stamp

No Impact

J1 Visa

Inside the US

Valid Status Documents

No Impact

Immigrant Visa

Inside OR Outside of the US

Has Valid Immigrant Visa

No Impact

Notes:

• If currently outside of the U.S. with a valid visa, it is our recommendation that you return the U.S. as soon as possible. You can always renew your nonimmigrant status from within the U.S., but you will not be able to obtain a visa stamp if outside of the U.S.
• Canadians appear to be exempt because they do not apply for visas; however, the language is ambiguous – we are monitoring this as it unfolds with U.S. Customs and Border Protection

• Individuals currently in the U.S. in valid status, please ensure that your I94 remains valid at all times. If your status is nearing its expiration date, please consult with your attorney so the renewal can be timely filed to ensure you remain in valid status, this includes those in dependent status, as applicable.

• If not specifically mentioned, those entering the US in any other status should not be directly impacted by this Proclamation (B1/B2, TN, O1, E3, H1B1, E1, E2, F1/F2, OPT/STEM OPT, etc.)

Exemptions:  The order does not apply to people in the following four (4) groups:

1. Lawful Permanent Residents
2. Spouses or children of US citizens
3. Anyone seeking entry to provide labor essential to the US food supply
4. Anyone whose entry would be in the national interest, including 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 United States facilities to help the United States combat COVID-19; or are necessary to facilitate the immediate and continued economic recovery of the United States.

As always, we are here to support you with any immigration needs throughout these trying times.  Please feel free to contact us to discuss any questions or concerns. Link to official proclamation: https://trumpwhitehouse.archives.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/