On Monday, June 22, 2020, President Donald Trump issued a proclamation that will suspend visa issuance and entry for the following nonimmigrant visa types from June 24, 2020 until December 31, 2020:
- H-1B (and H-4 dependents)
- H-2B (and H-4 dependents)
- L-1 (and L-2 dependents)
- J-1 (and J-2 dependents)
The proclamation only applies to an individual where each of the following criteria is true:
- On June 24, 2020 at 12:01 AM EDT, the individual is outside of the U.S.;
- On June 24, 2020 at 12:01 AM EDT, the individual does not have a valid nonimmigrant visa in their passport in the classification (i.e., H-1B, H-2, L-1, J-1, or dependent) for which they are seeking entry;1 and
- The individual does not have an official travel document (other than a visa) that is valid at the time of entry into the U.S.
Even if all three of the above criteria are met, the following are exempt from the proclamation:
- Lawful permanent residents of the U.S.;
- The spouse of a U.S. citizen;
- An unmarried child under the age of 21 of a U.S. citizen;
- An individual whose entry would be in the national interest of the U.S.; and
- An individual seeking to enter to provide temporary labor or services essential to the U.S. food supply chain.
Continued Suspension of Immigrant Visa Processing and Entry
The proclamation extends the prior suspension of immigrant visa processing and entry into the U.S. until December 31, 2020. Unlike nonimmigrant visas, which are issued to individuals seeking to enter the U.S. on a temporary basis, immigrant visas are issued to individuals who intend to live permanently in the U.S.
The proclamation only applies to an individual where each of the following criteria is true:
- On April 23, 2020 at 11:59 PM EDT, the individual was outside of the U.S.;
- On April 23, 2020 at 11:59 PM EDT, the individual did not have a valid immigrant visa in their passport; and
- The individual does not have an official travel document (other than a visa) that is valid at the time of entry into the U.S.
Even if all three of the above criteria are met, the following are exempt from the proclamation:
- Lawful permanent residents of the U.S.;
- The spouse of a U.S. citizen;
- An unmarried child under the age of 21 of a U.S. citizen, or a prospective adoptee seeking to enter the U.S. based on an IR-4 or IH-4 visa;
- A member of the U.S. Armed Forces and their spouse and unmarried children under the age of 21;
- An individual seeking to enter based on the EB-5 Immigrant Investor Program;
- An individual seeking to enter based on a Special Immigrant Visa in the SI or SQ classification;
- An individual whose entry would further important law enforcement objectives;
- An individual whose entry would be in the national interest of the U.S.; and
- An individual seeking to enter on an immigrant visa as a physician, nurse, or other healthcare professional to:
- Perform medical research or other research intended to combat the spread of COVID-19; or
- Perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak.
Key Takeaway
Recent executive orders have affected widely-used visa categories and placed significant limitations on entry into the U.S. Contact immigration counsel before confirming your immigration strategy or making international travel plans.
1 The original proclamation was amended on June 29, 2020 to clarify that the individual must have a valid nonimmigrant visa in their passport for the specific classification on which they were attempting to enter, and not any valid nonimmigrant visa as the original proclamation stated.