As discussed in our prior Alert, on June 22, 2020 President Trump issued a proclamation extending until December 31, 2020 the ban on the entry of individuals applying for immigrant visas (“green cards”) outside of the United States and expanding the ban to H-1B, H-2B, L-1 and some J-1 nonimmigrant categories. The Proclamation left a number of questions unanswered, and we will provide updates as more information and guidance becomes available. This update clarifies the following issues:

• The proclamation does not apply to Canadian citizens who seek entry under H-1B, L-1, and J-1 categories because they are considered “visa-exempt” for purposes of these categories, which means they do not have to apply for any visa at a U.S. consulate abroad before seeking entry to the U.S.

• Individuals with valid H-1B, H-2B, H-4, L-1, L-2, J-1, and J-2 visas issued prior to the effective date of the Proclamation (June 24, 2020, at 12:01 am (ET)) will be allowed entry after the suspension goes into effect regardless of whether they have come in before or not on that visa.