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Latest Presidential Proclamation Includes Critical Travel Restrictions for H-1B Professionals and ot Latest Presidential Proclamation Includes Critical Travel Restrictions for H-1B Professionals and ot

Latest Presidential Proclamation Includes Critical Travel Restrictions for H-1B Professionals and other Nonimmigrant Workers

On June 22, 2020, President Trump issued the Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak, which went into effect on June 24, 2020. This latest proclamation extends the April order that suspended entry of immigrants seeking permanent residence in the United States and most notably, expands the restrictions to now include H-1B, H-2B, and L-1 workers, certain J-1 visa holders, and all dependents of foreign nationals in those visa categories. Such individuals will not be permitted to travel to or enter the United States under this new order. The proclamation applies only to individuals outside of the U.S. as of June 24, 2020 who do not possess a valid nonimmigrant visa and who do not have another valid travel document permitting entry. Exceptions exist for lawful permanent residents (green card holders) and spouses and children of U.S. citizens and may extend to individuals providing labor or services essential to the U.S. food supply chain and individuals whose entry is deemed to be in the national interest.

This latest proclamation currently remains in effect until December 31, 2020, but it requires regular reviews by the Secretaries of Homeland Security, Labor, and State and could be modified or extended with limited notice. The proclamation additionally calls for consideration of new regulations or “other appropriate action” related to the H-1B and green card programs that could impact eligibility requirements and/or processing.

Foreign nationals outside of the U.S. who fail to qualify under the limited exceptions should expect delayed entry of several months or more. Foreign nationals inside the U.S. should confirm their status expiration on the I-94 arrival records and ensure timely extension filings with U.S. Citizenship and Immigration Services. Individuals with currently valid visa stamps may be permitted to travel internationally, but with ongoing travel restrictions related to COVID-19, limited visa services at U.S. Consulates worldwide and continued interpretation of this new proclamation by various U.S. federal agencies and ports of entry, those currently present in the U.S. are strongly encouraged to seek legal counsel before departing the U.S.

Please contact Jenifer Brown or Christl Glier with questions regarding the President’s Proclamation or other business immigration matters.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.
 
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