June 2020

President Trump Issues Proclamation to Suspend Entry for Certain Nonimmigrant Aliens and Extend Immigrant Visa Restrictions

Last updated June 23, 2020

On June 22, 2020, President Trump signed a “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” which takes effect at 12:01 am EDT on June 24 and will expire December 31, 2020. This Proclamation extends the existing ban on certain immigrant entries, and expands those restrictions further to apply to aliens in certain nonimmigrant visa categories.

The proclamation restricts the entry of certain aliens in H-1B, H-4, L-1, H-2B and J-1 nonimmigrant visa categories, including those derivative family members on dependent visas. The ban applies to those individuals in the affected categories who, on June 24, are (1) outside the U.S. (2) do not have a valid nonimmigrant visa, and (3) do not have another valid travel document.

The restrictions do not apply to individuals who hold valid nonimmigrant visas on the effective date of the proclamation, or those who are applying for a nonimmigrant change of status or extension of status from within the United States. USCIS will continue to accept these petitions as normal. Neither does the ban apply to any individual in any other nonimmigrant category not listed in the Proclamation, or any of the following:

1. A Lawful Permanent Resident of the United States;

2. Any alien who is the spouse or child of a United States Citizen;

3. Any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and

4. Any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

There are several factors for Employers to consider as a result of this proclamation:

• Determine with counsel which employees are affected by this ban and ascertain whether these individuals can be subject to any exception, or eligible for an alternative visa category.

• Communicate the restrictions to any employees in any of the affected categories. If an employee is in an affected visa category, they should ensure that they have a valid passport and visa prior to international travel.

• Consider possible crossover issues from various proclamations to employees. For example, an individual who is not affected by this proclamation, may remain inadmissible for entry into the U.S. due to travel restrictions on individuals who have been in China, the Schengen Area, the United Kingdom, Ireland and Brazil.

CSG will continue to closely monitor U.S. immigration changes during the COVID-19 response and will provide updates as the situation evolves. Please contact immigration counsel at CSG if you have any further questions.

For more information pertaining to the coronavirus outbreak, please visit CSG's COVID-19 Resource Center.

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