Trump Halts Certain Nonimmigrant Admissions Extends Immigrant Admission Ban

For the previous few weeks, specialists have been anticipating a brand new presidential motion aimed toward limiting entry into the US of nonimmigrant staff in H-1B, L‑1, and J-1 standing. After greater than per week of uncertainty relating to the breadth of the order, with a number of media retailers reporting various and contradictory speculations, the presidential proclamation was lastly issued yesterday night.

Who does the proclamation have an effect on?

The proclamation impacts each immigrants and nonimmigrants.

Immigrants: The proclamation extends the ban on immigrant visa admissions that we reported on in April by December 31, 2020, efficient instantly. The identical situations and exceptions apply, though this proclamation additionally directs each the State Division and the Division of Homeland Safety to exempt aging-out youngsters below the nationwide curiosity exception mentioned under.

Nonimmigrants: Efficient at 12:01 a.m. on June 24, 2020, the proclamation suspends admission to the US for the next lessons of nonimmigrants:

These on H-1B and H-2B visas, and their members of the family
These on J-1 visas as Interns, Trainees, Academics, Camp Counselors, Au Pairs, and for Summer time Work Journey, and their members of the family.The remaining J-1 classes: Faculty/College College students, Authorities Guests, Worldwide Guests, Physicians, Professors, Analysis Students, Secondary College College students, Brief-Time period Students, and Specialists are not suspended.
These on L visas, together with L-1A and L-1B, and their members of the family

How will the suspension be utilized to nonimmigrants?

The proclamation applies solely to anybody within the above visa classes who:

Is exterior the US as of the efficient date of the proclamation, June 24, 2020;
Doesn’t have already got a sound nonimmigrant visa of their passport as of June 24, 2020; and
Doesn’t at present maintain, or subsequently get hold of, a sound US journey doc apart from a visa, equivalent to an advance parole.

If I’m exterior the US and have a sound H, L or J visa in my passport, can I nonetheless journey to the US?

Sure. Primarily based on the above standards, you aren’t topic to the proclamation in case your H, L or J visa is legitimate on June 24, 2020.

If I’m exterior the US and have a sound visa in my passport, however it isn’t an H, L or J visa, can I apply for an H, L or J visa and enter the US?

Unclear. The proclamation bans individuals who should not have a “nonimmigrant visa” that’s legitimate on the efficient date. It doesn’t specify that you’re exempt from the ban provided that your legitimate visa is an H, L or J visa. Subsequently, it seems you is probably not topic to the ban when you have any legitimate nonimmigrant visa in your passport as of June 24, 2020. Nevertheless, with out additional steering from the federal companies that can implement the proclamation, the reply shouldn’t be completely clear.

If I’m inside the US and have a sound H, L or J visa in my passport, can I journey overseas and return in the identical visa standing?

In all probability. Primarily based on the above standards, in case you are in the US on June 24, 2020, and have an H, L or J visa in your passport that’s legitimate on June 24, 2020, you aren’t topic to the proclamation and needs to be readmitted to the US after journey overseas. Nevertheless, we’re anticipating additional steering from the federal companies that can implement the proclamation and that can problem boarding directions to in-bound airways.

As well as, do not forget that the CDC remains to be prohibiting admission for vacationers who’ve been in sure international locations for the 14 days previous to arriving in the US.

If I’m inside the US in H, L or J standing and I journey overseas, can I renew my visa at a US consular put up, and return?

In all probability. Primarily based on the above standards, in case you are in the US on June 24, 2020, you aren’t topic to the proclamation and will be capable of renew your visa overseas and return. Nevertheless, we’re anticipating additional steering from the State Division.

As well as, do not forget that US consulates worldwide are nonetheless closed as a result of pandemic and will not be processing routine visa purposes at the moment.

If I’m Canadian and don’t require a U.S. visa, am I banned from getting into?

Unclear. As a result of you aren’t required to have a visa to enter the US in H, L or J standing and the proclamation makes having a sound visa one of many entry necessities, the ban could not apply to you. Nevertheless, this stays unclear till federal companies present additional steering.

Are there any exceptions to the nonimmigrant suspension?

Sure. Spouses and youngsters of US residents will not be topic to the nonimmigrant suspension and should enter the US in the event that they maintain one of many visas talked about above.

As well as, anybody whose entry is crucial to the U.S. “meals provide chain” or is “within the nationwide curiosity” is exempted from the nonimmigrant suspension.

Lastly, much like the exception for immigrants, the proclamation directs the Departments of State and Homeland Safety, utilizing obligatory language (“shall train the authority”) to exempt aging-out youngsters below the nationwide curiosity exception.

How will the exceptions be decided and carried out?

The proclamation directs the Departments of State, Labor, and Homeland Safety to determine standards that can outline who’s eligible for the exceptions, together with within the following classes:

Important to U.S. protection, legislation enforcement, diplomacy, or nationwide safety;
Concerned in offering medical care to people who find themselves hospitalized with COVID-19;
Concerned in offering medical analysis at U.S. amenities to assist fight COVID-19; or
Essential to facilitate quick and continued financial restoration.

The proclamation additional grants “sole discretion” to companies of the State and Homeland Safety Departments to use these standards as they see match to particular person aliens who request exceptions. These with discretion would come with officers at US consulates and officers of US Customs & Border Safety at airports and land ports of entry.

Can employers nonetheless sponsor nonimmigrants for non permanent work-authorized standing inside the US?

Sure. The proclamation has no impact in any way on any petitions or purposes which are filed domestically with US Citizenship and Immigration Providers and processed by that company. These filings embrace nonimmigrant petitions filed on Kind I-129; immigrant petitions filed on Varieties I-130, I-140 and I-360; nonimmigrant change or extension of standing purposes filed on Kind I-539; work and journey authorization purposes filed on Varieties I-765 and I‑131; and adjustment of standing purposes filed on Kind I-485.

Can nonimmigrants who’re already within the US lengthen or change their standing?

Sure. The proclamation doesn’t have an effect on petitions or purposes filed in the US, even when they’re filed to vary to H-1B, H-2B, H-4, L-1, L-2, J-1 or J-2 standing.

Does the proclamation comprise every other provisions?

Sure. The proclamation additionally requires federal companies to take measures towards the next objectives:

Decreasing COVID-19 contagion from individuals who search admission to the US;
Guaranteeing that US staff will not be deprived by international staff who search inexperienced playing cards within the EB-2 (Superior Diploma Skilled) and EB-3 (Skilled and Expert Employee) classes, in addition to those that maintain H-1B standing;
Stopping anybody from receiving any US immigration advantage of any sort with out first offering biographical and biometric knowledge;
Stopping anybody from acquiring work authorization who has a elimination order; who’s inadmissible or deportable; or who has a legal arrest, cost, or conviction in the US; and
Guaranteeing that US staff will not be deprived by H-1B staff by revising the allocation of H-1B visa numbers.

Can the proclamation be prolonged and/or modified?

Sure. The proclamation can (theoretically) be prolonged previous December 31, 2020. As well as, its provisions might be reviewed after 30 days, and subsequently each 60 days, and it may be modified at these intervals.