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Articles Posted in H-1B

On June 22, 2020 President Trump issued a proclamation continuing his previous proclamation of April 22, 2020, which suspended the entry of individuals on immigrant visas for 60 days. The new proclamation continues the suspension of entry of individuals on immigrant visas, and limits the entry of any individual seeking entry pursuant to any of the following nonimmigrant visas:

(a) an H-1B or H-2B visa, and any individual accompanying or following to join such individual;

(b) a J visa, to the extent the individual is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any individual accompanying or following to join such individual; and

President Trump signed an Executive Order on April 22, 2020 suspending the entry of individuals on an immigrant visa for 60 days.  “Immigrant visa” refers to an application for permanent residency (i.e., green card) obtained at a U.S. consulate or embassy abroad. The Order provides exceptions for  certain lawful permanent residents, holders of existing, valid immigrant visas and similar U.S. travel documents, the spouses and minor children of U.S. citizens, and EB-5 immigrants among others.  The order takes effect on April 23, 2020.

The Order does not affect the processing or filing of applications for adjustment of status in the United States.  Further, H-1B, L-1 and other nonimmigrant programs are not immediately affected, but the Order directs DHS and DOL to make a study of the impact of temporary foreign workers on U.S. workers.  The results of the study could prompt future restrictions on these nonimmigrant programs.

The suspension will initially last for 60 days, but may be continued “as necessary.”

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