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Trump Executive Order Suspends Nonimmigrant Visa (H-1B, L-1, J-1) Entry to U.S. Until December 31, 2020

Extends Blockage on Issuance of Greencards

Does Not Apply to Those with Valid Visas or Currently in the U.S.

President Donald Trump issued an Executive Order (EO), to be effective starting on June 24, 2020 and continuing to at least December 31, 2020 (unless curtailed or extended), banning the Entry to the United States of individuals coming in on:

– H-1B (and Dependent) Visas; H-2B visas; L-1 visas and J-1 visas.

The EO also extends the pause on issuance of Greencards until the end of the year.

This ban does not apply to those currently in the United States or those with a valid visa as of June 24, 2020.

The language used in the proclamation is unclear and poorly written. The way the proclamation is written states that the ban will only apply to “any alien who:

(i) is outside the United States on the effective date of this proclamation;

(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and

(iii) does 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 the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.”

Therefore, it would seem that those present in the United States or those with a valid visa issued on or before June 24, 2020 will be exempted. This would also in theory mean that those who are in the United States legally on or before June 24, 2020 would not have the ban apply to them and that they would be able to have their visas renewed at a U.S. Consulate abroad and return to the United States. It is uncertain whether the actual implementation of the proclamation will have a harsher interpretation of the EO.

The proclamation also directs the Secretary of Labor, with support from the Secretary of Homeland Security, to come up with additional measures to protect U.S. Workers. It is anticipated that there will be additional regulatory measures in the near future to restrict immigration further.

We are monitoring this situation closely and will update our clients as soon as we know more. Please contact USILAW with any questions. You may reach us via email at info@usilaw.com.

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