What Does President Trump’s Latest Immigration Proclamation Mean?
Sid Chary, Esq.
As many of you have heard by now, President Trump has signed a proclamation further suspending U.S. immigration policy on June 22, 2020. This order suspends the entry of foreign nationals into the U.S. and is from June 24, 2020 and expires December 31, 2020. This order builds on the existing order which was signed on April 22, 2020. I’ve put together this document to help answer some of your questions and address certain questions about the June 22, 2020 order.
Who is included in this new order?
First and most importantly, this applies to foreign national workers who are seeking to enter the United States under certain nonimmigrant (temporary) visa categories. This means that if you are inside the United States as of June 24, 2020 and hold valid immigration status then you will not be affected. If you are outside the United States and are seeking to enter the United States under one of the following nonimmigrant visa categories, this order will apply to you:
- H-1B or H-2B visa, and any dependent foreign nationals (H-4 visa);
- J visa, to the extent the individual is entering the country to participate as an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any dependent foreign nationals; and
- L visa, and any dependent foreign nationals (L-2 visa).
Dependent foreign nationals mean the spouse and/or children of the primary visa beneficiary (i.e. H-4 spouse and/or children; L-2 spouse/children).
Additionally, if the foreign national who is outside of the United States and does not possess a valid nonimmigrant visa (i.e. H-1B) and does not have an official travel document other than a visa that is valid, this will apply to them.
Who is exempt from the June 22, 2020 order?
- Lawful permanent residents (LPR),
- Spouses of U.S. citizens,
- Foreign nationals seeking entry into the United States to provide temporary labor or services essential to the United States supply chain
- Aliens whose entry would be in the national interest of the United States (Note: this is contingent upon the discretionary review of U.S. Secretary of State, Secretary of Homeland Security, or their respective designees).
Frequently Asked Questions/General Facts
- If you’re in the United States on a H, L or J visa, are you impacted? No. Applications to extend or change H, L, or J status filed with USCIS are not subject to the order.
- Will F-1 students or STEM OPT be impacted? No.
- Professors and scholars will be excluded from the J-1 visa restrictions.
- Exempt: Certain medical professionals who are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized.
- Exempt: Those “necessary to facilitate the immediate and continued economic recovery of the United States”.
- It appears that Canadian citizens, who are exempt from the visa requirement, may fall outside of the scope of this ban and would still be eligible for admission to the United States in the visa categories listed above.
- No blanket exception for healthcare workers, however they may be able to qualify under the “national interest” exception.
We highly suggest not traveling abroad and noting your visa and I-94 expiration dates. If you do not know where your I-94 is or you need to look up the expiration dates, please visit: https://i94.cbp.dhs.gov/I94/.
Should you have further questions, please reach out to your MedSource Consultant rep and Sid Chary, Esq at Chary Law, New York, NY.