June 22, 2020: Presidential Proclamation Suspending Entry to the U.S. In Certain Nonimmigrant Visa Categories
On Monday, June 22, 2020, President Trump issued a presidential proclamation titled: Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. We have reviewed the proclamation and prepared a summary of the key points below. Most importantly, we want to emphasize that the proclamation is limited in scope and we do not expect it to impact a large number of our international students, scholars, and alumni on OPT and Academic Training.
What is the purpose of the June 22 proclamation and what are the effective dates?
The purpose of the proclamation is to reduce risk to the U.S. labor market. The proclamation seeks to accomplish this purpose mainly through two means. First, it extends previous entry suspensions contained in an April 22, 2020 proclamation so that they will expire December 31, 2020 instead of June 22, 2020. More information on the April 22 proclamation and the entry suspensions contained therein is available on our COVID FAQ page. Second, it establishes new entry suspensions (detailed below). The proclamation will become effective on June 24, 2020 at 12:01 AM and is scheduled to continue until December 31, 2020.
What are the new entry suspensions and to whom do they apply
The proclamation suspends entry into the U.S. of individuals who seek entry in the nonimmigrant visa categories listed below:
- H-1B or H-2B visa and dependents
- L visa and dependents
- J visa and dependents in the program categories of intern, trainee, teacher, camp counselor, au pair, or summer work travel
The entry suspension only applies if the individual:
- Is outside the U.S. on the effective date of the proclamation (June 24, 2020), and
- Does not already have a valid visa or other travel document in the impacted visa categories on the effective date of the proclamation
In sum, the proclamation only impacts individuals who are outside the U.S. on June 24, 2020 and who seek a principal or dependent visa in the visa categories of H-1B, H-2B, L-1A, L-1B, or J-1 (intern, trainee, teacher, camp counselor, au pair, summer work travel only) and who do not already have such a visa as of June 24, 2020.
Do the new entry suspensions impact me and my immigration status?
In short, probably not because the new entry suspensions do NOT apply to any of the following:
- Individuals inside the U.S. on the effective date of the proclamation
- F-1 students (including those on OPT, STEM OPT, and/or cap-gap)
- J-1 students (including those on Academic Training)
- J-1 exchange visitors in categories other than intern, trainee, teacher, camp counselor, au pair, and summer work travel.
- Individuals outside the U.S. who already have a valid visa prior to June 24, 2020.
- Individuals outside the U.S. who seek to apply for a visa in a category other than H, L, or the J program categories of intern, trainee, teacher, camp counselor, au pair, and summer work travel
- Any application filed with USCIS including OPT, STEM OPT, H-1Bs, changes of status, etc.
- U.S. permanent residents
- Spouses or children of U.S. citizens
How does this impact me if my H-1B has been selected in this year’s H-1B lottery and will be filed or has already been filed by my employer?
In general, the proclamation does not negate selection in the H-1B lottery or suspend an employer’s ability to file an H-1B petition for an employee. If you have more specific questions about this proclamation as it relates to changes to your immigration status that are or will be handled through your employer (such as H-1B, permanent residency, etc.) please reach out to your employer’s immigration team or legal counsel for specific guidance for your particular situation.
Will there be more executive orders that impact me and my immigration status?
The June 22, 2020 proclamation does instruct the Secretaries of the Department of Homeland Security, the Department of Labor, and the Department of State to work together to recommend modifications to the proclamation within 30 days and then every 60 days after that. So, we do not know at this time if the proclamation will change or if new proclamations will be issued. However, OIS will continue to monitor news bulletins for more information and update this FAQ accordingly once we know anything.
Finally, we want to emphasize again that we do not expect this proclamation to impact a large number of our international students, scholars, and alumni on OPT and Academic Training. Please reach out if you have questions and we will do our best to assist you!