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Presidential Proclamation Suspending Entry of Individuals Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak

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
(c) an L visa, and any individual accompanying or following to join such individual.
The proclamation shall apply only to any individual who:
(i) is outside the United States on the effective date of this proclamation;
(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any individual who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;
(iii) any individual seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
(iv) any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
The proclamation is effective immediately, and shall expire on December 31, 2020, and may be continued.
As noted above, the ban on entry does not apply to individuals that already hold valid H or L visas, or any individuals seeking to change their employers in H-1B status, or any other change of status for individuals already in the U.S. It only affects those individuals seeking entry to the U.S. in the affected categories.
We are continuing to monitor this evolving situation and will provide updates as we learn additional information.
The immigration lawyers at Lubiner, Schmidt & Palumbo are accepting new clients and we are available to consult via video chat, including iphone, android and all other video conferencing services. We are also available, by appointment, for office consults. If you have any questions about your ability to file an immigration application currently or how the Proclamation may affect you, please do not hesitate to contact us.

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