Frequently asked questions about President Trump’s proclamation imposing ban on H-1B, H-2B, L-1 and J-1 entry

President Trump signed a proclamation on 06/22/2020 restricting the entry of certain foreign nationals in the H-1B, L-1, H-2B, J-1 categories, and related categories for dependents (H-4, L-2 and J-2).

The proclamation also extended existing restrictions on immigrant visa applicants (people applying for visas abroad that are converted to a green card upon entering the U.S.) that were set to expire on 06/22/2020.

This non-immigrant ban will become effective at 12:01am EDT on June 24, and will remain valid through December 31, 2020.

The proclamation also directs the Department of Homeland Security to consider promulgating regulations or taking other appropriate action “regarding the efficient allocation” of H-1B visas “and ensuring that the presence in the United States of H-1B non-immigrants does not disadvantage United States workers.” It also directs the Secretary of Labor to consider promulgating regulations or take other appropriate action to ensure that workers who seek employment-based second or third preference (EB-2 or EB-3) eligibility, or H-1B eligibility, do not disadvantage U.S. workers.

Which nationals are not subject to this ban?

• Foreign nationals present in the United States at 12:01am EDT on June 24, 2020;
• Foreign nationals holding a valid visa, advance parole or other U.S. travel document on June 24, even if they are outside the United States when the ban takes effect;
• U.S. lawful permanent residents;
• The spouse or child of a U.S. citizen;
• J-1 exchange program participants other than interns, trainees, teachers, camp counselors, au pairs and summer work travel participants; and Foreign nationals entering to provide temporary labor or services essential to the U.S. food supply chain.

Which nationals are subject to this ban?

Foreign nationals who are outside the U.S. as of 12:01 am EDT on 06/24/2020 and do not have a valid visa, advance parole or other U.S. travel document and who seek to enter the U.S. in one of the following visa categories:

• H-1B and H-2B non-immigrants (including dependents)
• L-1A executives and managers (including dependents);
• L-1B specialized knowledge workers (including dependents);
• J-1 interns, trainees, teachers, camp counselors, au pairs and Summer Work Travel participants (including dependents).

The proclamation provides for discretionary waivers of foreign nationals whose entry would be in the U.S. national interest, including those who are necessary to facilitate the immediate and continued economic recovery of the United States, those involved with clinical care or research related to the diagnosis,treatment and prevention of COVID-19, and those who are critical to the defense, law enforcement,diplomacy or national security of the United States.

Waiver procedures are expected to be developed by the State Department in consultation with the Departments of Labor and Homeland Security.

Frequently asked questions about President Trump’s proclamation imposing ban on H-1b, H-2b, L-1 and J-1 entry.

Which nationals are not subject to this ban? Which nationals are subject to this ban?

I am a Canadian national, does this proclamation apply to me?

As of now, it is unclear whether Canadian nationals seeking admission in these categories will be impacted.

Are there any waivers for nationals subject to this ban?

Nothing on this document is legal advice. If you require legal advice, please contact an attorney.

Should you have any questions, please contact the following:

Bruna Frota
Attorney at INLG
E: bfrota@nationalitylawyers.com
D: +1 (281) 908-6450

Karla Lowe
Immigration Principal Lawyer – Global Immigration Operations.
Santa Fe Relocation
E: karla.lowe@santaferelo.com
D: +44 208 963 2582

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