Possible Extension and Expansion of Presidential Proclamation Suspending Entry of L-1, H-1B and J-1 visa holders into the United States
Which non-immigrant visas could be affected by the new proclamation?
The new Proclamation would be barring entry to the U.S. for H-1B (workers in a speciality occupation), H-2B (temporary non-agricultural workers), L-1 (intracompany transfers) and J-1 (exchange visitors) for a temporary period pursuant to INA 212(f) and 215(a). It is not clear which of the J-1 subcategories would be impacted, but according to AILA likely to impact the Summer Work Travel (SWT) program, camp counselor, intern and trainee programs.
When is this proclamation expected?
According to AILA, this proclamation "could be issued as soon as June 15, 2020, and will likely be issued by the end of June" and could be in effect for as long as 90 to 180 days.
I am currently in the U.S. on one of the targeted visas (L-1, H-1B, J-1). Can the proclamation affect my work/status?
The Trump Administration will announce a temporary ban on the entry of nonimmigrant workers, but will likely NOT announce or describe other substantive policy changes on these programs. If you are in the United States employed or awaiting a change of status into one of those visa categories, you should not make any plans to travel outside the United States. If you are currently outside of the United States you should make plans to return as soon as possible.
Will the proclamation include exceptions?
The proclamation will likely include the same exceptions listed on the April 22, 2020 Executive Order, such as:
- COVID-19 related exemptions, such as for health care workers
- Food supply related exemptions
- For U.S. employers who conduct additional recruitment efforts
