President Trump Issues Executive Order Expanding Entry Restrictions to Include H-1B Workers Through 2020
On Monday June 22, 2020, President Trump issued an Executive Order suspending entry into the United States of certain temporary foreign workers. The suspension is effective at 12:01 a.m. eastern daylight time on June 24, 2020 and will expire on December 31, 2020 (and may be continued as necessary).
Non-Immigrant Visa Categories the Suspension Applies To:
- H-1B, H-4
- H-2B and any person accompanying or following to join such person
- J , to the extent the person is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any person accompanying or following to join such person
- L-1 and L-2
Scope of the Suspension and Limitation on Entry:
The suspension and limitation on entry shall apply only to those who:
- are outside the United States on the effective date of this proclamation;
- do not have a non-immigrant visa that is valid on the effective date of this proclamation; and
- do 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.
This means that entry into the U.S. will be suspended for those individuals who are outside of the United States on the date of this proclamation and who do not have a valid non-immigrant visa stamp in the categories mentioned above. Non-immigrant visas in these categories will not be issued at a U.S. consulate or embassy abroad pursuant to this order.
If you are currently inside the United States, your visa status will not be impacted and you will still be eligible to file a petition requesting a change of status, transfer, or extension, where applicable.
The suspension and limitation on entry shall not apply to:
- any lawful permanent resident of the United States;
- any person who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;
- any person seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain;
- any person whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
The Executive Order also extends the April 2020 suspension of entry of those applying for an immigrant visa (green card) at a U.S. consulate or embassy abroad.