Proclamation

As you are likely aware, President Trump signed a Presidential Proclamation June 22nd, 2020 extending the freeze on green cards and suspending several non immigrant visas into the United States, including the J-1 visa, H-1B, H-2B, and L visas. The Proclamation takes effect on June 24, 2020 at 12:01 AM ET and will remain in effect through December 31, 2020. It may be continued or modified as necessary. The official proclamation can be found HERE.

The Proclamation suspends the issuance of visas for those seeking entry pursuant to a(n):

  • H-1B visa (specialty occupations in fields requiring highly specialized knowledge) and any foreign national accompanying or following to join them;
  • H-2B visa (non-Agricultural Temporary worker performing other services or labor of a temporary or seasonal nature) and any foreign national accompanying or following to join them;
  • J visa (cultural exchange and Spain-U.S. Chamber of Commerce designated category), to the extent the foreign national is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any foreign national accompanying or following to join them;
  • L visa (intracompany transferee) and any foreign national accompanying or following to join them
  • ** This does not directly impact F, E and O visas

Important to note: The proclamation reads as to only impact new labor applications as in those who have not yet obtained a visa to travel to the USA. Any alien who currently holds a valid unexpired visa (including in one of these categories) is exempted from this proclamation.

There are several exemptions: The proclamation will not apply to legal Permanent Residents (green card holders) and the spouse or child(ren) of a US Citizen, those seeking to enter the US to provide labor or service essential to the US food supply chain, and those whose entry would be in the national interest.

 

ADDITIONAL FAQs

Who determines the qualification of exemption? 

For the purposes of determining who is covered under the “national interest” exemption, the Proclamation directs the Secretaries of State, Labor, and Homeland Security to determine standards for those to whom such an exemption would be available. Suspension and limitation of entry is determined at the Consular Level by a consular officer at the US Embassy in the applicant’s home country. Be aware that all US Embassy posts are still closed to routine visa processing due to the current pandemic status worldwide. Embassy posts closed on or around 21 March 2020. Emergency services remain available to US Citizens and those with a documented emergency need to travel to the USA.

What’s the status of the EU-US travel ban?

The travel ban on non-essential travel to and from Europe is extended until at least June 30, and we believe this date could be extended further.