Today the Trump administration released an expansion of its April 22, 2020 Presidential Proclamation on Immigration which was previously focused only on temporarily suspending the entrance of individuals entering the U.S. on certain immigrant visas. The expanded proclamation extends the temporary suspension of that limited class of immigrant visa holders from the U.S. This extension of the prior Proclamation takes effect immediately.
In addition, the Proclamation expands the suspension to nonimmigrant visas including some of the most commonly used employment-based nonimmigrant visas such as the H-1B, L-1, and certain J-1 visas, as well as any dependent family members of these visa holders. The entry of individuals on H-2B visas for non-agricultural seasonal workers is also suspended.
The expanded suspension of entry of impacted nonimmigrants will apply only to those outside the U.S. as of 12:01 am pm on June 24, 2020, who are not already in possession of a valid nonimmigrant visa stamp in one of the impacted categories. The Proclamation will remain in place until December 31, 2020, with period review and modifications being done every 60 days. It is important to note that the Executive Proclamation pertains only to individuals outside the U.S. and does not impact nonimmigrants already in the U.S. on H, L, or J status (and their dependents) who are seeking extensions or changes of status. It also does not impact individuals who are already in possession of a valid nonimmigrant visa stamp at the time of the Proclamation’s effective date. In addition, the Proclamation exempts certain individuals working in critical fields (such as medical fields critical to combatting COVID-19 and who are critical to the food supply chain) as well as any exemptions deemed to be in the national interest. It has also been confirmed that Canadian nationals, who are historically exempt from obtaining a visa stamp to enter the U.S., are not impacted by the proclamation.
Finally the Proclamation calls on the Secretaries of the Departments of Labor and Homeland Security to consider implementing additional regulations to ensure the issuance of certain immigrant and nonimmigrant visas do not adversely impact U.S. employment.
The administration cited high U.S. unemployment as the basis for the order despite the extensive data demonstrating that the entry of high skilled foreign workers positively impacts the U.S. economy, is associated with lower unemployment rates, higher wages for U.S. workers, and job-creating innovation.
D&S is continuing to monitor this situation and will provide updates as they become available.